I 

I 


GIFT  ^s 


REVISED  ORDINANCES 


OF 


Salt  Lake  City,  Utah 


revised,  compiled,  and  arranged 

by  P.  J.  DALY  of  the  UTAH  BAR 


PUBLISHED    BY   AUTHORITY   OF  THE  BOARD  OF  COMMISSIONERS 

OF   SALT   LAKE  CITY.   UTAH. 

1913 


Trmtint  »nd  Rindint  it 

T!l    K     ARROW     PRESS 
Tribi,  r    I'tinilng   Co. 

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GENERAL  TABLE  of  CONTENTS 

i. 

I'Ki  >A  [SIONS    I  IF      NIK    (  I  >NSTITU  Ni  >\     <  >F     l"!'  AH 
APPLICABLE    TO    SALT    LAKE    CH  ^ 

II. 
LAW  S  i  IF  UTAH  APPLICABLE   I  l  l  SALT  K  AKE  CITY. 

III. 
REVISED  ORDINANCES  OF  SALT   LAKE  CITY. 


Chapter]  Repeal  of   Existing  Ordinances, 

( Chapter  1 1.  Animals. 

<  'hapter  III.  Auctioneers. 

1  hapter  IV.  Automobile.    Garage,    Regulation  of.  elc. 

I  hapter  V.  Board  i  A  I  [ealth. 

■ter\  I.  Boundaries  of  Salt    Lake  City. 

Chapter  VII.  Bucket  Shops,  Bucketing.     Definition   of 

\\  ords  and    Phra 

Chapter  VIII.  Building  Ordinance. 

t  hapter  1 X  (  it\     Auditor. 

(  hapter  X.  <  it)   Cemetery.     Sexton. 

Chapter  XI.  City  Creek  Canyon. 

Chapter  XII.  City  Electrician. 

Chapter  XIII.  City   Engineer. 

ChapterXIV.  City   Pound,   Estrays 

Chapter  XV.  Cit)    Purchasing    Agent. 

Chapter  XVI.  (  ity   Recorder. 

Chapter  XVII.  City  Treasurer. 

Chapter XVIII.  Claims,    Damag 
Chapter  XIX  thes   Cleanin;  ilishments      Reg 

ulation  of, 

Chapter  XXI.  Doj 

Chapter  XXI  I.  Employment  Offio 

(hapter  XXIII.  Explosives  and  Combusl 
(  hapter  XXIV.  ntii 


swu 


Chapter  XXV. 

Firearms.  Sale  to  Minors. 

Chapter  XXVI. 

Fire    Department. 

Chapter  XXVII. 

Fire  .Marshal. 

Chapter  XXVIII. 

Franchises,  Special  Privileges. 

Chapter  XXIX. 

('.ambling'.  Gaming. 

Chapter  XXX. 

Humane  <  Ifficer. 

Chapter  XXX  1 

Intoxicating  Liqii'  irs. 

i  'hapter  XXXII. 

Law    Department. 

Chapter  XXXIII. 

Licenses. 

Chapter  XXXIV. 

A 1  a  yor. 

Chapter  XXXV. 

Municipal   Government  Officers. 

Chapter  XXXVI. 

Municipal  Ward-. 

Chapter  XXXVII. 

Oaths,   Bonds. 

Chapter  XXXVIII. 

F'arks,  Public  Grounds. 

Chapter  XXXIX. 

Pawnbrokers,  Salary  Loan  Agency. 

Chapter  XL. 

Plumbing  Department. 

(  "hapter  XLI. 

Police  Department. 

Chapter  XLII. 

Poll  Tax. 

Chapter  XLIII. 

Prisoners.  City   Prison. 

Chapter  XLIV. 

Public  Dance  Halls,  Dancing  Academies 

Chapter  XLV. 

Public   Offenses.    . 

Chapter  XLVI. 

Public    Works. 

Chapter  XI A  II. 

Railroads.      Street    Railroads. 

Chapter  XLVIII. 

Revenue,   Board  of  Estimate  and    Appor- 

tionment. 

<  'hapter  XLI  X. 

Seal  of  Salt    Lake  City. 

Chapter  L. 

Second-hand  and  Junk  Dealers. 

Chapter  LI. 

Sewers. 

( 'hapter  LII. 

Sidewalks. 

Chapter  LIII. 

Sign--.  Awnings,  Arches. 

Chapter  LIV. 

Special  Taxes. 

Chapter  LV. 

Streets. 

Chapter  LV] 

Streets  and   Irrigation. 

Chapter  LVII. 

Streets.  Traffic  and   Travel   on. 

Chapter  LVII] 

Telegraph.    Telephone.    Street     Railroad 

Electric   Wire-  and    Poles 

Chapter  LIX 

Vacancies. 

Chapter  LX. 

Vehicles. 

Chapter  LX  I 

Water  Supply  and   Water   Works. 

PROVISIONS  OF  THE  CONSTITUTION 
OF  THE  STATE  OF  UTAH 


APPl  iCABLE  TO 


SALT  LAKE  CITY,  UTAH 


NSTITUTIOX. 

ARTICLE   I. 
DECLARATK  >N    I  'I     RK  1HTS. 

Sec.  4.  Religious  liberty.  The  rights  of  conscience  shall 
never  be  infringed.  The  State  shall  make  no  law  respecting 
an  establishment  of  religion  or  prohibiting  the  free  exercise 
thereof;  no  religious  test  shall  be  required  as  a  qualification 
for    an)     office    of    public    trusl    or    for    any    voti  any 

nor  -hall  any  person   bi    incompetenl   as  a   witness 

uror  'Hi  account  "i  religious  belief  or  the  absence  thereof. 
There  shall  be  m  >  union  of  (lunch  and  State  nor  shall  any 
church  dominate  the  State  or  interfere  with  its  functions. 
Mo  public  monej  or  property  shall  be  appropriated  for  or 
applied  to  any  religious  worship,  exercise  or  instruction,  or 
for    the    support    of    an,  esiastical    establishment.      No 

iert\    qualific;  shall    In-    required    of   any    person    to 

hold  offi  pt  as  provided  in  ihi>  Constitution. 

Due    process    of    law.      \*o    person  de- 

prived  "t"   life,   liberty.  i>r   property,   withoul    due   pn 

Offenses  bailable.     All  p  shall  be  bailable 

sufficient 

or  the  presumption 


2  CONSTITUTION   OF  THE  STATE  OF   UTAH. 

9.  Excessive  bail  and  fines.  Cruel  punishments. 
Excessive  bail  shall  not  be  required :  excessive  fines  shall 
not  be  imposed :  nor  shall  cruel  and  unusual  punishments 
be  inflicted.  Persons  arrested  or  imprisoned  shall  not  be 
treated  with  unnecessary  rigor. 

Sec.  10.  Trial  by  jury.  In  capital  cases  the  right  of 
trial  by  jury  shall  remain  inviolate.  In  courts  of  general 
jurisdiction,  except  in  capital  cases,  a  jury  shall  consist  of 
eight  jurors.  In  courts  of  inferior  jurisdiction  a  jury  shall 
consist  of  four  jurors.  In  criminal  cases  the  verdict  shall 
be  unanimous.  In  civil  cases  three-fourths  of  the  jui 
may  find  a  verdict.  A  jury  in  civil  cases  shall  be  waived 
unless  demanded. 

Sec.  11.  Courts  open.  Redress  of  injuries.  All  courts 
shall  be  open.-  and  every  person,  for  an  injury  done  to  him 
in  his  person,  property  or  reputation,  shall  have  remedy  by 
due  course  of  law,  which  shall  be  administered  without 
denial  or  unnecessary  delay :  and  no  person  shall  be  barred 
from  prosecuting  or  defending  before  any  tribunal  in  this 
.  by  himself  or  counsel,  any  civil  cause  to  which  he 
is   a   party. 

Sec.   12.     Rights  of  accused  persons.     In  criminal  pi 
cutions.  the  accused  shall  have  the  right   to  appear  and   de- 
fend   in   person   and   by   counsel,   to   demand   the   nature   and 
cause  of  the  accusation  against  him.  to  have  a  copy  ther 
to    testify    in    his    own    behalf,    to    be    con  by    the 

witn  against   him.  to  have  compulsory  process  to  com- 

pel the  attendance  of  witnesses  in  his  own  behalf,  to  have 
a  speedy  public  trial  by  an  impartial  jury  of  the  county 
or  district  in  which  the  offense  is  alleged  to  have  been 
committed,  and  the  right  to  appeal  in  all  cases.  In  no 
instance    shall    any    accused    person.  final    judgment, 

advance  monev  or  fees  t      secure  the  rights 
herein   guaranteed.     The   accused   shall   not   be   compelled   to 


I  I  i\M  I  rUTN  >N   OF  THE  SI  A  I  1     01     i    I'AII.  3 

evidence  againsl  himself;  a  wife  shall  not  be  compelled 
to  testif)  againsl  her  husband,  nor  a  husband  againsl  lu^ 
wife,  nor  shall  any  person  be  twice  put  in  jeopardj  For 
the  same  offense. 

Sec  14.  Unreasonable  searches  forbidden.  Issuance  of 
warrant.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers  and  effects  against  unreasonable 
searches  and  seizures  shall  not  be  violated;  and  no  warranl 
shall  issue  but  upon  prol  i  cause  supported  by  oath  or 
affirmation,  particularly  describing  the  place  to  be  searched, 
and  the  person  or  thing  to  be  seized. 

17.  Elections  to  be  free.  Soldiers  voting.  All 
elections  shall  he  free,  and  no  power,  civil  or  military,  shall 
at  any  time  interfere  to  prevenl  the  tree  exercise  of  the 
righl  of  suffrage.  Soldiers,  in  time  of  war.  may  vote  at 
their  posl  of  duty,  in  or  out  of  the  State,  under  regulations 
t,i  be  prescribed   by  law. 

18.  Attainder.  Ex  post  facto  laws.  Impairing 
contracts.      No    bill    of   attainder,   ex    post    facto   law,   or    law 

iring  the  obligation  of  contracts  shall  he  passed. 

22      Private  property  for  public  use.     Private  prop- 
perty   shall   not   be  taken  or  dam  ■•  public   use   with,  nit 

compensation. 

23.     Irrevocable  franchises  forbidden.     No  law 
ranting   irrevocably   any    franchi 

immunity. 

24.     Uniform    operation    of    laws.      All    la 
all   have  mi 

Rights  retained  by  people.     This  enumeration 
construed    to   impair  or   denv   otl 


4  CONSTITUTION   OF  THE  STATE  OF   UTAH. 

ARTICLE    III. 

ORDINANCE. 

The  following  ordinance  shall  be  irrevocable  without 
the  consent  of  the  United  States  and  the  people  of  this 
State : 

Free,  non-sectarian  schools.  The  Legislature  shall  make 
laws  for  the  establishment  and  maintenance  of  a  system 
of  public  schools,  which  shall  be  open  to  all  the  children 
of  the  State,  and  be  free  from  sectarian  control. 

ARTICLE    IV. 

ELECTIONS  AND  RIGHT  OF  SUFFRAGE. 

Section  1.  Equal  political  rights.  The  rights  of  citizens 
of  the  State  of  Utah  to  vote  and  hold  office  shall  not  be 
denied  or  abridged  on  account  of  sex.  Both  male  and  female 
citizens  of  this  State  shall  enjoy  equally  all  civil,  political 
and  religious  rights  and  privileges. 

Sec.  2.  Qualifications  to  vote.  Every  citizen  of  the 
United  States,  of  the  age  of  twenty-one  years  and  upwards, 
who  shall  have  been  a  citizen  for  ninety  days,  and  shall 
have  resided  in  the  State  or  Territory  one  year,  in  the 
county  four  months,  and  in  the  precinct  sixty  davs  nexl 
preceding  any  election,  shall  be  entitled  to  vote  at  such 
election  except  as  herein  otherwise  provided. 

3.      Electors:    immunity  from  arrest      In   all    c; 
except  those  of  treason,  felony  or  breach  of  the  peace,  elecl 
shall    be    privileged    from    arrest    on    the    days    of    election, 
during    their    attendance     at     elections,     and  to     and 

returning  therefrom. 

Sec.    4.     Id.     From    militia    duty.      No    elector    <hall    be 


CONS  ON  OF  TH E  SI  r AH.  5 

ged  to  perform  militia  duty  on  the  day  of  election  exi 
in  time  of  war  or  public  danger. 

Sec.  5.  Electors  to  be  citizens  of  U.  S.  No  person  shall 
be  deemed  a  qualified  elector  of  this  State  unless  such 
person  be  a  citizen  of  the   United   States 

6.     Certain   criminals,   etc.,   ineligible    to    vote.      No 

idiot,    insane    person    or    i>cr><  >n    convicted    of    treason,    or 

crime  against    the  elective  franchise,  unless  restored  to  civil 

-hall    be    permitted    to    vote    al    any    election,    or    be 

eligible   to  hold  office  in   this   State. 

Sec.  7.     Property  qualification  forbidden,  when.      Except 
lections   levying   a   special   tax   or  creating    indebtedness, 

no   property    qualification    shall    be    required    for   an)    person 

to  vote  "V  hold  offii 

Sec.  8.     Ballot   to   be   secret.      All    elections   shall    be    by 
■t   ballot.     Nothing  in  tbi~  section   shall  be  construed   to 

prevent    the   use    of   an\    machine   or   mechanical    contrivance 
the    purpose    of    receiving    and     registering    the 

ction:    Provided,    Thai    secrecy    in    voting    be 

preserved. 

Elections,  when  held.     Terms  begin,  when.     All 

for    municipal    and    school    offio 

shall  be  held  on  the   Tuesday  next  following  the  rtday 

in  November  of  the  year  in  which  th<  n  is  held.  Special 

tions    may    be    1  /ided    by    law.       The    terms 

!  at  any  general  election  shall  com  in 
the    tirM    Monday    in    January    next    following    the 
i.       Municipal    and    Si 

ay  be  provided  by  law. 

Oath  of  office.       \11 
intive  bj   th  tution  or  by  the  laws  made  in 


6  CONSTITUTION  OF  THE  STATE  OF   UTAH. 

suance  thereof,  before  entering  upon  the  duties  of  their 
respective  offices,  shall  take  and  subscribe  the  following 
oath  or  affirmation:  "I  do  solemnly  swear  (or  affirm)  that 
1  will  support,  obey  and  defend  the  Constitution  of  the 
United  States  and  the  Constitution  of  this  State  and  that 
I  will  discharge  the  duties  of  my  office  with  fidelity." 

ARTICLE   V. 
DISTRIBUTION  OF   POWERS. 

Section     1.     Three    departments     of    government.       The 

powers  of  the  government  of  the  State  of  Utah  shall  be 
divided  into  three  distinct  departments,  the  Legislative, 
the  Executive,  and  the  Judicial;  and  no  person  charged  with 
the  exercise  of  powers  properly  belonging  to  one  of  these 
departments,  shall  exercise  any  functions  appertaining  to 
either  of  the  others,  except  in  the  cases  herein  expressly 
directed  or  permitted. 

ARTICLE    VI. 

i 
Section    1.     Power  vested  in   Senate,   House  and  People. 

The  legislative  power  of  the  State  shall  be  vested: 

1.  In    a    Senate    and    House    of    Representatives,    which 
shall  be  designated  the  Legislature  of  the  State  of  Utah. 

2.  Tn   the   people   of   the    State   of   Utah    as   hereinafter 
stated  : 

The  legal  voters  or  such  fractional  part  thereof  of  the 
'if  Utah,  a*  may  l>e  provided  by  law.  under  such 
conditions  and  in  such  manner  and  within  such  time  as 
may  be  provided  by  law.  may  initiate  any  desired  legislation 
and  cause  the  same  to  be  submitted  tn  a  vote  of  the  people 
for  approval  or  rejection,  or  maj  require  anv  law  passed 
by  the  Legislature  (except  those  laws  passed  by  a  two- 
thirds    vote    of    the    members    elected   'to    eaeh    house    of    the 


I  I  IN  ON  Ol     I  III    si  \  II.  -  M     UTAH.  7 

fislature)    to    be    submitted    to    the    voters    "i"    the    State 
before  such   law    shall   take  effect, 

The  legal  voters,  or  such  fractional  pari  thereof,  a-* 
may  l>e  provided  l>y  law,  of  any  legal  subdivision  ol  the 
State,  under  such  conditions  and  in  such  manner  and  within 
such  time  as  maj  be  provided  by  law,  maj  initiate  any 
desired    legislation    and    cause    the    same    to    be    submitted 

vote  of  the  people  of  said  legal  subdivision  for  appn 
or  rejection,  or  may  require  any  law  or  ordinance  passed  by 
the  law-making  bod)  ol  said  legal  subdivision  to  be  submitted 
to    the    voters    thereof   before    such    law   or   ordinance    shall 
take  effect. 

Enumeration   of  private   laws   forbidden.      The 
Legislature  is  prohibited  from  enacting  any  private  or  special 
in  tlir  following  ca 

1.     <  Granting  divorce. 

Changing  the  names  of  persons  "r  places,  or  consti- 
tuting one  person  the  heir-at-law  of  another. 

3.  Locating  or  changing  county  seats. 

4.  Regulating  the  jurisdiction  and  duties  of  Justices  of 

Punishing  crimes  and   misdemeanors. 
Regulating    th 

Providing  for  a  change  of  venue  in  civil  or  criminal 
>ns. 

9.     Regulat ing   the  int.  i 

ion. 

11.  Regulating   county   and    township   affairs. 

12.  In.  ivns  or  villages;  changing  or 

any   cil  n    ..r   village:    la; 

town    plats.    In 
public    grounds, 
lie  or  mi 

I  i  t  v . 


8  CONSTITUTION   OF  THE  STATE  OF   UTAH. 

14.  Authorizing  persons  to  keep  ferries  across  streams 
within    the    State. 

15.  Remitting   fines,    penalties,   or   forfeitures. 

16.  Granting  to  an  individual,  association  or  corporation 
any    privilege,   immunity   or    franchise. 

17.  Providing- for   the   management   of   common    schools. 

18.  Creating,  increasing  or  decreasing  fees,  percentages 
or  allowances  of  public  officers  during  the  term  for  which 
said   officers   are   elected  or  appointed. 

The  Legislature  may  repeal  any  existing  special  law 
relating   to   the    foregoing   subdivisions. 

In  all  eases  where  a  general  law  can  be  applicable,  no 
special  law   shall   be   enacted. 

Nothing-  in  this  section  -hall  be  construed  to  deny  or 
restrict  the  power  of  the  Legislature  to  establish  and  regulate 
the  compensation  and  fees  of  county  and  township  officers; 
to  establish  and  regulate  the  rates  of  freight,  passage,  toll 
and  charges  of  railroads,  toll  roads,  ditch,  flume  and  tunnel 
companies,  incorporated  under  the  laws  of  the  State  or 
doing   business    therein. 

Sec.  27.  Legislature  cannot  release  certain  debts.  The 
Legislature  shall  have  no  power  t"  release  or  extinguish, 
in  whole  or  in  part,  the  indebtedness,  liability  or  obligation 
of  any  corporation  or  person  to  the  state,  or  to  any  munici- 
pal   corporation    therein. 

Sec  29.  Municipal  powers  not  to  be  delegated.  The 
Legislature  shall  not  delegate  to  any  special  commission, 
private  corporation  or  association,  any  power  to  make,  super- 
vise or  interfere  with  any  municipal  improvement,  money, 
property  or  effects,  whether  held  in  trust  or  otherwise,  to 
levy  taxes,  to  select  a  capitol  site,  or  to  perform  anj 
municipal    functions. 

Sec.  .SO.  Extra  compensation  to  officers  and  contractors 
forbidden.     The    Legislature   shall   have   no   power   to   grant, 


CONSTITUTK  IN  I  IF    I  Ml     STAT]    •  IF   U  I'  \ll  9 

nr  authorize  any  county  or  municipal  authority  to  grant, 
anj  extra  compensation,  Fee  oi  allowance  to  any  public 
officer,  agent,  servant  nr  contractor,  after  service  has  been 
rendered  or  act   has  been  entered  into  and  perfon 

in    whole  or   in   part,   nor  pay  or  authorize   the   paymeni 
any  claim  hereafter  created  against   the  State,  or  any  county 
or  municipality  of  the   State,   under  any   agreement    or  con 
trait   made   without    authority   of   law;    Provided,     That    this 
section  shall  nol   apply  to  claims  incurred  b)    public  offii 
in  the  execution  of  the  laws  of  tin-  State. 

31.  Lending  public  credit  foi  bidden.  The  Legis- 
lature shall  not  authorize  the  State,  or  any  county,  city, 
town,  township,  district  or  other  political  subdivision  of  the 
State  to  lend  it-  ere. lit  or  subscribe  to  stock  or  bonds  in 
aid  of  an)  railroad,  telegraph  or  other  private  individual 
or  corporate   enterpri  undertaking. 

ARTICLE   VIII. 

JUDICIAL    DEPARTMENT 

1.     Judicial   powers,   how   vested.      The    Judicial 

power  of  the  State  shall  be  vested  in   the   Senate  sitting  a- 

■urt    of    impeachment,    in    a    supreme    court,    in    district 

court-,    in    justices   of    the   peace,    and    such    other   courts    in 

the  Supreme  Court   as  ma\    be  established   by   law. 

Jurisdiction    of    district    courts.       The     District 

hall    have    original    jurisdiction    in    all    matters    civil 

mal.  m  ■  ted  in  this  Constitution,  and  not 

hibit  lw  :  appellate  jurisdiction   from  all  inferior  courts 

•til  a  supervisory  control   of  the  same.     Th< 

Dist  its  ,,r   any  judge   thereof,   -hall    have    power   to 

corpus,    mandamus,    injunction, 
warrant  irari,    prohibition    ami    other    writ-    neces 

arrv    in'  judgments    and 


10  CONSTITUTION   OF  HIE  STATE  OF  UTAH. 

.in.l  to  give  them  a  general  control  over  inferior  courts  and 
tribunals   within   their  respective  jurisdictions. 

Sec.  8.  Justices  of  the  peace.  Jurisdiction,  etc.  The 
legislature  shall  determine  the  number  of  justices  of  the 
peace  to  be  elected,  and  shall  fix  bj  law  their  powers,  duties 
and  compensation.  The  jurisdiction  of  justices  of  the  peace 
shall  be  as  now  provided  by  law,  but  the  Legislature  may 
restrict  the  same. 

Sec.  ".  Appeals  from  district  court:  record,  etc.  From 
justices'  courts.  From  all  final  judgments  of  the  district 
courts,  there  shall  he  a  right  of  appeal  to  the  Supreme 
Court.  The  appeal  shall  be  upon  the  record  made  in  the 
court  below,  and  under  such  regulations  as  may  be  provided 
by  law.  In  equity  cases  the  appeal  may  be  on  questions  of 
both  law  and  fact:  in  cases  at  law  the  appeal  shall  be 
on  questions  of  law  alone.  Appeals  shall  also  lie  from  the 
final  orders  and  decrees  of  the  Court  in  the  administration 
of  decedent  estates,  and  in  cases  >.<i  guardianship,  as  shall 
be  provided  by  law.  Appeals  shall  also  lie  from  the  final 
judgment  of  justices  of  the  peace  in  civil  and  criminal  cases 
to  the  District  Courts  on  both  questions  of  law  and  fact, 
with  such  limitations  and  restrictions  as  shall  be  provided 
by  law:  ami  the  decision  >>i  the  District  Courts  on  such 
appeals  shall  be  final,  except  in  cases  involving  the  validity 
or  constitutionality  of  a  statute. 

Sec.  15.  Judges  shall  not  appoint  relatives  to  office. 
No  person  related  to  any  judge  of  any  court  by  affinity 
or  consanguinity  within  the  degree  ^i  first  cousin,  shall  be 
appointed  by  such  court  or  judge  to,  or  employed  by  such 
court  or  judge  in  any  office  or  duty  in  any  court  ol  which 
such    judge    max    be   a    member. 

Sec.  IS.  Style  of  process:  "The  State  of  Utah."  The 
style  of  all   process  shall   be.  "The   State  ><i   Utah,"   and   all 


I  I  INSTITU  riON  01  II  \ll,  11 

prosecutions    shall    be   conducted    in    the    name    and    by    the 
authority  of  the   same. 

Sec.  27.  Judge  forfeits  office  by  absence.  Any  judicial 
officer  whi>  shall  absent  himself  from  the  State  or  district 
for  more  than  ninety  consecutive  days,  shall  be  deemed  to 
have  forfeited  his  office:  Provided,  Thai  in  case  of  extreme 
necessity,  the  Governor  may  extend  the  leave  of  absent 
such  time  as  the  necessity   therefor  shall   exi 

ARTICLE    X. 

Sec.  _'.  Defining  what  shall  constitute  the  public  school 
system.  The  public  school  system  shall  include  kindergarten 
schools;  common  schools,  consisting  of  primary  and  grammar 
grades;  high  schools,  an  agricultural  college;  a  university; 
and  Mich  other  schools  as  the  Legislature  ma)  establish. 
The  common  schools  shall  be  free.  The  other  departments 
of  the  system  shall  be  supported  as  provided  bj  law. 
(Amendment  adopted   November  8th,   1910.) 

3.  Declaring  what  shall  constitute  the  state  school 
fund,  and  providing  for  the  apportionment  of  high*  school 
funds.     The   proceed-   of   all    lands   that    have   been   or   may 

granted  by  the  United  Sta  his  State,  for  the  support 

of  the  common  schools;  the  proceeds  of  all  property  that  may 

lie  to  the  State  by  escheat  or  forfeiture:  all  unclaimed 
shares  and  dividends  of  any  corporation  incorporated  under 
the  laws  of  this  State;  the  proceeds  of  the  sale  of  timber, 
mineral  or  other  property  from   -  other 

than    th  inted    for    specific    purposes:    and 

■mi  of  the  net  proceed-  of  the  sale  of  public  lands  lying 
within   the  State,  which  -hall  In-  -..Id  by  the   United   States, 
subsequent    to   the   admission   of   this   State   into   the    Union, 
shall  he  and   remain  a  perpetual   fund,  to  he  called  tin    Si 
School   Fund,  the  inti  which  only,  together  with  such 

"ther   mi  gislature   may   provide,    -hall    he   dis- 

tributcd    among    tin  hool    district 


12  CONSTITUTION   OF  THE  STATE  OF   UTAH. 

the  school  population  residing  therein.  Provided,  That  all 
funds  derived  from  any  State  tax  for  high  schools  shall  be 
apportioned  among  the  several  cities  and  school  districts 
according  to  the  attendance  at  the  high  schools  therein; 
but  no  city  or  district  shall.be  entitled  to  any  part  of  the 
fund  derived  from  the  State  tax  for  high  schools  unless 
the  high  school  therein  is  maintained  upon  the  stand- 
ard and  for  the  period  during  the  year  that  may  be  fixed 
by  the  State  Board  of  Education.  (Amendment  adopted 
November   8th,    lr'li> 

Sec.  6.  Separate  control  of  city  schools.  In  cities  of 
the  first  and  second  class  the  public  school  system  shall 
be  controlled  by  the  Board  of  Education  of  such  cities. 
separate  and  apart  from  the  counties  in  which  said  cities 
an    located.     (Amendment  adopted  November  6,  1900.1 

Sec.  1_\  No  religious  or  partisan  tests  in  schools. 
Neither  religious  nor  partisan  test  or  qualification  shall 
lie  required  of  any  person,  as  a  condition  of  admission,  as 
teacher  or  student,  into  any  public  educational  institution 
of  the   State. 

See.  13.  Public  aid  to  church  schools  forbidden.  Neither 
the  Legislature  nor  any  county,  city,  town,  school  district  or 
either  public  corporation,  shall  make  any  appropriation  to 
aid  in  the  support  of  any  school,  seminary,  academy,  college, 
university  or  other  institution,  controlled  in  whole,  or  in 
part,  by  any  church,  sect   or  denomination  whatever. 

ARTICLE    XI. 
COUNTIES,  CITIES  AND  TOWNS. 

Section  1.  Existing  counties,  precincts,  etc.,  recognized. 
The  several  counties  of  the  Territory  of  Utah,  existing  at 
the    time    of   the   adoption    of   this   Constitution,    are    hereby 


CON  ON  I  IF   THE  SI  A  II-    I  >F    UTAH.  13 

as    legal    subdivisions    of    this    State,  and    tin 

precincts,  and  school  districts,  now  existing  in  said  counties, 

legal    subdivisions    thereof,    and    they    shall    so  continu 
until  changed  by  law   in   pursuance  of  this  article. 

Sec.  _'.  Removal  of  county  seats.  No  County  Scat  shall 
be  removed  unless  two-thirds  of  the  qualified  electors  of 
the  county,  voting  on  the  proposition  at  a  general  eled 
shall  vote  in  favor  of  such  removal,  and  two-thirds  of  the 
votes  cast  on  the  proposition  shall  be  required  to  re-locat< 
a  county  seat.  \  proposition  of  removal  shall  net  he  sub 
mitted  in  the  same  county  more  than  once  in  four  years. 

3.  Changing   county   lines.      No    territory    shall    he 
stricken    from    any   county    unless    a    majorit)    of   the    vo 
living  in   such   territory,  as   well   as  of  tin-  count)    to   whicl 
it    is    to    he    annexed,    shall    vote    therefor,    ami    then    onlj 
under  such  cond  s   may  he  prescribe. I  by  general  law. 

4.  Uniform   county   government.     The    Legislatun 
shall  establish  a  system  of  County  government,  which  shall 

iniform  throughout   the  State,  and  by  general  laws  shall 
provide   for  precinct   and   township   organi 

5.  Special  municipal  charters  forbidden.     Corpora 
municipal   purposes   shall   not  be  created  by  special 

laws:    the    Legislatui  .  ral    laws,    shall    provide    for 

the    incorporation,   organization,    and   classification    of   cities 
towns  in  proportion  illation;   which  laws  ma- 

iled. 

Municipalities   forbidden   to   sell   waterworks   or 
rights.     No  mun  shall  directly,  or  indin 

if  any   waterworks,   water  ri 
or    -  suppry    now.   or   hereafter   to   be   owi 

h\    it  :  but  all   such  water 
and  pply  now   owned  or  hereafti 


14  CONSTITUTION  OF  THE  STATE  OF  UTAH. 

acquired  by  any  municipal  corporation,  shall  be  preserved, 
maintained  and  operated  by  it  for  supplying;  its  inhabitants 
with  water  at  reasonable  charges :  Provided,  That  nothing 
herein  contained  shall  be  construed  to  prevent  any  such 
municipal  corporation  from  exchanging  water  rights,  or 
sources  of  water  supply  for  other  water  rights  or  sources 
of  water  supply  of  equal  value,  and  to  be  devoted  in  like 
manner  to  the  public  supply  of  its  inhabitants. 


ARTICLE   XII. 
CORPORATIONS 


Sec.  3.     Legislature  not  to  extend  or  validate  franchises. 

The  Legislature  shall  not  extend  any  franchise  or  charter. 
nor  remit  the  forfeiture  of  any  franchise  or  charter  of  any 
corporation  now  existing,  or  which  shall  hereafter  exisl 
under  the  laws  of  this  State. 

Sec.  4.  "Corporation"  defined.  Suits.  The  term  "Cor- 
poration," as  used  in  this  article,  shall  be  construed  to  include 
all  associations  and  joint-stock  companies  having  an}-  powers 
or  privileges  of  corporations  not  possessed  by  individuals 
or  partnerships,  and  all  corporations  shall  have  the  right 
to  sue,  and  shall  be  subject  to  be  sued,  in  all  courts,  in  like 
cases   as   natural    persons. 

Sec.  6.     Privileges  of  foreign  corporations.      No  con 

tn  ins  organized  outside  of  this  State,  shall  be  allow  ed  to 
transact  business  within  the  State  on  conditions  more  favor- 
able   than    those    prescribed    by    law    to    similar    corporations 

organized  under  the  laws  of  this  Stale. 

Sec.  7.  Limitation  on  alienation  of  franchise.  No  cor- 
poration shall  lease  or  alienate  any  franchise,  so  as  to  relieve 
the  franchise  or  property  held  thereunder  from  the  liabilities 


* 


CONSTITUTION   OF  THE  STATl  i  Ml  IS 

of   the   lessor,   or   grantor,   lessee   or   grantee,   contracted    01 
incurred  in  operation,  use  or  enjoyment  of  such  franchisi 
am    of   its   privileges 

8.  Consent  of  local  authorities  necessary  to  use  of 
streets.  No  law  shall  be  passed  granting  the  righl  to 
construct  and  operat  reel   railroad,  telegraph,  teleph 

or  electric  light  plant  within  an)  city  or  incorporated  town, 
without  the  consent  of  the  local  authorities  who  have  control 
of  the  street  or  highway  proposed  to  be  occupied  for  such 
pur  pi 

Sec.  10.  Corporations  limited  to  authorized  objects.  No 
corporation  shall  engage  in  any  business  other  than  that 
expressl)  authorized  in  its  charter,  or  articles  of  incorpora- 
tion. 

11.     Franchises  may  be  taken  for  public  use.     The 

the  right   of  eminent   domain   shall   never   be   so 

Iged   or   construed   as   to   prevent    the    Legislature    from 

taking  the  property  and  franchises  of  incorporated  companies, 

and  subjecting  them  to  public  use  the  same  as  the  property 

ndi\  iduals. 

Common  carriers.     All  railroad  and  other  trans- 
arc  declared  to  be  common  carriers,  and 
control;    and    such    companies    shall 
ive   and   transport    each   other's   pas;  ight, 

■    delay. 

13.      Competing    railroads    not    to    consolidate. 
i     shall    consolid  >ck,    pro] 

railroad    corporation 
ting  line. 

Armed   bodies   not   to  enter   state,   when. 
n   shall   brin 

the 


16  CONSTITUTION  OF  THE  STATE  OF   UTAH. 

peace,    or    for    the    suppression    of   domestic    trouble    without 
authority  of  law. 

Sec.  17.  Employe  of  corporation  ineligible  to  municipal 
office,  when.  Xo  officer,  employe,  attorney  or  agent  of  any 
corporation,  company  or  association  doing  business  under, 
or  by  virtue  of  any  municipal  charter  or  franchise,  shall  be 
eligible  to  or  permitted  to  hold  any  municipal  office,  in  the 
municipality  granting  such  charter  or  franchise. 

Sec.  19.  Blacklisting  forbidden.  Every  person  in  this 
State  shall  be  free  to  obtain  employment  whenever  possible, 
and  any  person,  corporation,  or  agent,  servant  or  employe 
thereof,  maliciously  interfering  or  hindering  in  any  way. 
any  person  from  obtaining,  or  enjoying  employment  already 
obtained,  from  any  other  corporation  or  person,  shall  be 
deemed  guiltv  of  a  crime.  The  Legislature  shall  provide  by 
law  for  the  enforcement  of  this  section. 

Sec.  20.  Trusts  and  combinations  prohibited.  An}'  com- 
bination by  individuals,  corporations,  or  associations,  having 
for  its  object  or  effect  the  controlling  of  the  price  of  any 
products  of  the  soil,  or  of  any  article  of  manufacture  or 
commerce,  or  the  cost  of  'exchange  or  transportation,  is 
prohibited,  and  hereby  declared  unlawful,  and  against  public 
policy.  The  Legislature  shall  pass  laws  for  the  enforcement 
of  this  section  by  adequate  penalties,  ami  in  case  of  incor- 
porated companies,  if  necessary  for  that  purpose,  it  may  de- 
clare   a    forfeiture    of    their    franchise. 


ARTICLE   XIII. 

REVENUE     WD    TAX  \TIOX. 

Section   1.     Fiscal  year.      The   fiscal   year  shall   begin   on 
the  first  day  of   lanuarv,  unless  changed  bv  the   Legislature. 


CONSTITUTION  OF  THE  STATE  OF  UTAH  17 

Sec.  5.  Local  authorities  to  levy  local  taxes.  The  L<  ; 
lature  shall  not  impose  taxes  for  the  purpose  of '  any  county, 
city,  town  or  other  municipal  corporation,  but  may,  by  law, 
vest  in  the  corporate  authorities  thereof,  respectively,  the 
power  to  assess  and  collect  taxes  for  all  purposes  of  such 
O  irpi  >ratioii. 

Sec.  6.  Annual  statement  to  be  published.  An  accurate 
statement  of  the  receipts  and  expenditures  of  the  public 
moneys,  shall  be  published  annually  in  such  manner  as  the 
Legislature  may  provide. 

Sec.  8.  Officer  not  to  make  profit  out  of  public  moneys. 
["he  making  of  profil  out  of  public  moneys,  or  using  the 
same  for  anj  purpose  not  authorized  b)  law,  b)  any  public 
officer,  shall  he  deemed  a  felony,  ami  shall  be  punished  as 
provided  by  law.  but  part  of  such  punishment  shall  be 
disqualification  to  hold  public  office. 

Sec  10.  All  property  taxable  where  situated.  All  cor- 
porations or  persons  in  this  State,  or  doing  business  herein, 
shall  be  subject  to  taxation  for  State,  County,  School,  Munici- 
pal or  other  purposes,  on  the  real  and  personal  property 
owned  or  used  bv  them  within  the  territorial  limits  of  the 
authority  levying  the   tax. 

ARTICLE   XIV. 

PUBLIC   DEBT. 

Sec.  3.  Debts  of  counties,  cities,  etc..  not  to  exceed 
revenue.  Exception.  No  debt  in  excess  of  the  taxes  for 
the  current  year  shall  be  created  by  any  county  or  subdi- 
vision thereof,  or  by  an)  school  districl  therein,  or  b)  an) 
city,  town  or  village,  or  any  subdivision  thereof  in  this  Sta 
unless  the  proposition  to  create  such  debt,  -hall  have  been 
submitted  to  a  vote  of  such  qualified  electors  as  shall  have 
paid    a    property    tax    therein,    in    the    year    preceding    such 


18  I  CONSTITUTION  OF  THE  STATE  OF  UTAH. 

election,  and  a  majority   of   those  voting  thereon   shall   have 
voted  in  favi  ir  i  if  incurring  such  debt. 

Sec.  4.  Fixing  the  limit  of  indebtedness  of  counties, 
cities,  towns  and  school  districts.  When  authorized  to  create 
indebtedness  as  provided  in  Section  3  of  this  Article,  no 
county  shall  become  indebted  to  an  amount,  including  ex- 
isting indebtedness,  exceeding  two  per  centum.  Xo  city, 
town,  school  district  or  other  municipal  corporation,  shall 
become  indebted  to  an  amount,  including  existing  indebted- 
ness,  exceeding  four  per  centum  of  the  value  of  the  taxable 
property  therein,  the  value  to  be  ascertained  by  the  last 
assessment  for  State  and  County  purposes,  previous  to  the 
incurring  of  such  indebtedness:  except  that  in  incorporated 
cities  the  assessment  shall  be  taken  from  the  last  assessment 
for  city  purposes:  provided,  that  no  part  of  the  indebtedness 
allowed  in  this  section  shall  be  incurred  for  other  than 
strictly  county,  city,  town  or  school  district  purposes: 
provided,  further,  that  any  city  of  the  first  and  second 
class  when  authorized  as  provided  in  Section  three  of  this 
article,  may  be  allowed  to  incur  a  larger  indebtedness,  not 
to  exced  four  per  centum  and  any  city  of  the  third  cla--s. 
or  town,  not  to  exceed  eight  per  centum  additional,  for 
supplying  such  city  or  town  with  water,  artificial  lights 
or  sewers,  when  the  works  for  supplying  such  water,  light 
and  sewers,  shall  be  owned  and  controlled  by  the  munici- 
pality.    (Amendment  adopted   November  8,  1910.) 

Sec.  5.  Borrowed  money  to  be  applied  to  authorized  use. 

\11  moneys  borrowed  by,  or  on  behalf  of  the  State,  or  any 
legal  subdivision  thereof,  shall  be  used  solely  for  the  pur- 
pose specified  in  the  law  authorizing  the  loan. 

Sec.  6.  State  not  to  assume  county,  etc.,  debts.  The 
State  shall  not  assume  the  debt,  or  any  part  thereof,  of  any 
countv.   city.   town,  or   school    district 

Sec.    7.      Existing    indebtedness    not   impaired.      Nothing 


C(  INSTITUTION  OF  Til  I  I  \11.  19 

in  iliis  article  shall  be  so  construed  as  to  impair  or  add  to 
the  obligation  of  any  debt  heretofore  contracted,  in  aco 
ance  with  the  laws  of  Utah  Territory,  by  any  county,  city, 
town  or  school  district,  or  to  prevent  the  contracting  of  any 
debt,  or  the  issuing  oi  bonds  therefor,  in  accordance  with 
said  laws,  upon  any  proposition  for  that  purpose,  which, 
rding  t"  said  laws,  may  have  been  submitted  to  a  vote 
of  the  ipialified  electors  of  any  county,  city,  town  or  school 
distr  re    the    day    on    which    this    Constitution    takes 

effect. 


ARTICLE   XVI. 
LABOR 

6.      Eight    hours    a    day's    labor    on    public    works. 

shall   constitute  a   clay's   work   on   all    works  or 

undertakings   earned   on    or   aided   by   the   State,   Count)    01 

Municipal  governments;  and  the  Legislature  shall  pass  laws 

he  health  and   safety  of  employes   in   factOl 
smelters  and  mines. 

ARTICLE  XVII. 
WATER  RIGHTS 

1.     Existing  rights  confirmed.     All  existing  rights 

:   any  of  the  waters  in   this  State,  for  anv   useful 

neficial   purpose,   are   hereby   recognized   and   confirmed. 

ARTICLE   XIX. 
1UILDINGS    AND    STATE    INSTITUTIONS 

Seat    of    government    and     public     institutions 
permanently   located.     The    Public    Institutions   of   the    Si 


20  CONSTITUTION  OF  THE  STATE  OF  UTAH. 

are  hereby  permanently  located  at  the  places  hereinafter 
named,  each  to  have  the  lands  specifically  granted  to  it 
by  the  United  States,  in  the  Act  of  Congress,  approved  July 
16th,  1894,  to  be  disposed  of  and  used  in  such  manner  as 
the  Legislature  may  provide. 

First:  The  Seat  of  Government  and  the  State  Fair  at 
Salt  Lake  City,  and  the  State  Prison  in  the  County  i  t 
Salt    Lake. 

ARTICLE   XXI. 

SALARIES. 

Section  1.    Public  officers  to  be  paid  salaries.    Exceptions. 

All  State,  district,  city,  county,  town  and  school  officers, 
excepting  notaries  public,  boards  of  arbitration,  court  com- 
missioners, justices  of  the  peace  and  constables,  shall  be 
paid  fixed  and  definite  salaries:  Provided,  That  city  justices 
mar  be  paid  by  salary  when  so  determined  by  the  mayor 
and  council  of  such  cities. 

Sec.  2.  Legislature  to  provide  fees.  Accounting.  The 
Legislature  shall  provide  by  law,  the  fees  which  shall  be 
collected  by  all  officers  within  the  State.  Notaries  public, 
boards  of  arbitration,  court  commissioners,  justices  of  the 
peace,  and  constables  paid  by  fees,  shall  accept  said  fees 
as  their  full  compensation.  But  all  other  State,  district. 
county,  city,  town  and  school  officers,  shall  be  required 
by  law  to  keep  a  true  and  correct  account  of  all  fees  collected 
by  them,  and  to  pay  the  same  into  the  proper  treasury,  and 
the  officer  whose  duty  it  i-  to  collect  such  fee-  -hall  lie  held 
responsible  under  his  bond  for  the  same. 


THE 

COMPILED  LAWS  OF  UTAH. 


1907 

And  Amendments  Thereto  Applicable  to 
Salt  Lake  City,  Utah. 


CHAPTER    I. 

ANIMALS. 

ESTRAYS   AND  TRESPASSING   ANIMALS. 

35.  Cities  and  towns.  The  provisions  of  this  chapter 
shall  in  ii"  way  interfere  with  existing  legal  rights  of  in- 
corporated <-itie<  and  towns  in  relation  to  anmals  running 
at  lai 


22  CHAP.   [I.     CERTIFICATION   OF  BONDS. 

CHAPTER    II. 

CERTIFICATION    OF    BONDS    AND    WARRANTS. 

146.  By  whom.  The  count}'  clerk  or  the  county  audi- 
tor of  each  county,  the  auditor  or  the  recorder  of  each  city, 
the  clerk  of  each  board  of  education,  and  the  clerk  of  each 
school  district  in  this  state  shall  indorse  a  certificate  upon 
every  bond,  warrant,  or  other  evidence  of  debt,  issued  pur- 
suant to  law,  by  any  such  officer,  that  the  same  is  within 
the  lawful  debt  limit  of  such  county,  city,  board  of  educa- 
tion, or  school  district,  respectively,  and  is  issued  according 
to  law.  He  shall  sign  such  certificate  in  his  official 
character. 

147.  Provisions  governing.  Warrants  for  interest  on 
the  bonded  debt,  for  salaries,  and  for  the  current  expenses 
of  anj  county,  city,  school  district,  or  board  of  education 
in  this  state  may  be  certified  by  the  county  clerk,  county 
auditor,  city  recorder,  city  auditor,  clerk  of  the  school 
district,  or  clerk  of  the  board  of  education,  to  be  within 
the  lawful  debt  limit  of  such  county,  city,  board  of  educa- 
tion, or  school  district,  whenever  the  same,  together  with 
all  other  indebtedness  of  said  city,  county,  board  of  educa- 
tion, or  school  district,  shall  not  exceed  the  amount  of  the 
indebtedness  of  such  city,  county,  board  of  education,  or 
school  district  at  the  time  of  the  admission  of  this  state 
into    the    union,   in    addition    to    the    whole    amount    of    t 

iii  such  county,  city,  board  of  education,  or  school  district 
for  tin  year  in  and  for  which  such  warrant  or  warrants 
are  issued.  • 

148.  Protection  to  officer  certifying.     Whenever  a  board 
county    commissioners,   city  council,   trustees  of   a   school 

district,  or  board  of  education   of  any  such   county,   city,   or 


CHAP    II      <  IK  IIIH    \  I  n  >\    oi     B(  »NDS  23 

>ch. ■•  <1  district   shall   find  or  declare   that   anj    appropriation 
xpenditure   for   which   a   warranl    or   warrants  are   to   be 
issued,    was   or    is    for   interest    upon    the   bonded    debt,    for 
salarii  currenl   expenses  of  such  county,  city,  board 

of  education,  or  school  district,  such  finding  or  declaration 
shall  conclusively  proted  the  count)  rink,  count)  auditor, 
irder,  city  auditor,  clerk  "t'  the  school  district,  or 
clerk  of  the  hoard  of  education  of  any  such  count)-,  city, 
school  district,  or  board  ol  education,  as  to  such  facts,  in 
certifying  any  warrant  or  warrant.--  therefor  to  be  within  the 
lawful  debt  limit  of  such  count)-,  city,  boa  education,  or 

School    district. 

149.  Penalty.  An\  person  mentioned  in  i  146  who 
shall  neglect  to  indorse  any  certificate  required  thereby,  or 
who  shall  make  an)  such  certificate  falsel)  and  fraud 
ulently,  shall  be  guilty  of  a  misdemeanor,  and  punishable 
by  a  fine,  not  exceeding  $1,000,  or  imprisonment  in  the 
nty    jail,  not    exceeding  one  b)    both    such    fine 

and   imprisonment. 


24  CHAP.  III.     CITIES  AND  TOWNS 

CHAPTER   III. 

CITIES    AND    TOWNS. 
INCORPORATION     AND    CLASSIFICATION. 

169.  Petition  for  incorporation.  \\  hen  the  inhabitants 
of  any  part  of  any  county  not  embraced  within  the  limits 
of  any  city  shall  desire  to  be  organized  into  a  city,  they 
may  apply,  by  petition  in  writing,  signed  by  not  less  than 
nne  hundred  of  the  real  property  taxpayers,  who  are  cpiali- 
fied  electors,  of  territory  to  be  embraced  in  the  proposed 
ci'ty,  to  the  board  of  county  commissioners  of  the  proper 
county,  which  petition  shall  describe  the  territory  proposed 
to  be  embraced  in  such  city,  and  shall  have  annexed  thereto 
an  accurate  map  or  plat  thereof,  and  state  the  name  pro- 
posed for  such  city,  and  --hall  be  accompanied  with  satis- 
factory proof  of  the  number  of  inhabitant'-  within  the 
territory   embraced    in    said   limits. 

170.  Proceedings.  Election.  When  such  petition  shall 
be  presented  the  board  of  county  commissioners  shall  forth- 
with designate  the  class  of  the  proposed  city,  and  in  cities 
of  the  first  or  of  the  second  class,  designate  the  boundaries 
i  >f  the  municipal  wards  thereof,  and  shall  fix  the  time  and 
place  within  the  boundaries  of  such  proposed  city  at  which 
the  election  may  be  held  to  determine  such  question.  Such 
election  shall  be  held  and  conducted,  as  nearly  as  may  be, 
in  the  same  manner  as  provided  1>\  law  for  conducting 
general  elections.  Before  such  election  is  held,  the  board 
of  county  commissioners  shall  give  notice  by  publication  in 
some  newspaper  published  within  said  limits,  if  there  lie  one. 
at  least  once  a  week  for  four  successive  weeks;  but  if  there 
be  no  newspaper  published  therein,  then  l>v  posting  notices 
at    least    four  weeks   in    Five  public   places   within   said   limits. 


CHAP.  III.     CITIES  AND  TOWNS  25 

Said  notices  shall  contain  a  statement  of  the  contents  of  the 
petition    and    describe    the    territory    proposed    to    be    in 

tted,  and  the  officers  to  be  elected,  and  shall  als<>  desig- 
nate   the    time    and    place    at    which    the    election    shall    In- 
held.     The  ballots  used  at  such  election  shall  be  "for  in 
poration,"  or  "against   incorporati"n."  and   if  "for  incorpora- 
tion," the  names  "t'  the  persons  to  be   voted   for. 

171.  Notice  of  result.     If  a  majority  of  the  ballots  casl 
such    election    be   in    favor   of   incorporation,    the   county 

clerk  shall  immediately,  on  the  result  of  the  canvass  of  the 
returns  of  said  election  being  filed  in  the  proper  office,  give 
notice  of  the  result  by  publication  in  the  same  manner  and 
for  the  same  time  as  provided  in  the  preceding  section,  and 
in  Mich  notices  he  shall  designate  to  which  of  the  classes  of 
municipal  corporations  hereinafter  provided  such  city  shall 
belong.  A  copj  of  the  notice,  with  proper  proof  of  its 
publication,  shall  be  filed  with  the  papers,  and  a  certified  i 

and  record  entries  relating  to  the  matter  on  file 
in  the  clerk's  office,  shall  be  filed  in  the  office  of  the  county 
recorder  and  in  the  office  of  the  secretary  of  state.  Upon 
the   filing  of  sail  .it   shall   be  the  duty  of  tin    secre 

tary  of  state  to  make  publication  in  some  newspaper  having 
ral   circulation   within  the  state,  of  the  incorporation  of 
said  city. 

172.  Officers  to  be   elected.     Canvass.     At    the   tin 

ction    the   qualified    voters   within    the   limit> 
shall  or    the    municipal    officers    hereinafter    provided 

The    canvass    and    return-    of    the  at    said 

II  be  made  as  pi  y  law. 


173.     Incorporation   complete,   when.     When    thi 

n  §  171  !   the  I  iffii  and 

qualified  for  such  city,  and  publication  is  made  b  lerk 

and  orporation    there 


T5  CHAP.   111.     CITIES  AND  TOWNS. 

l>e  complete;  and  all   courts   in   this  state  shall   lake  judicial 
notice  of  the   existence  of  such   city. 

174.  Classification  of  cities.  Municipal  corporations  in 
this  state  now  existing  and  those  hereafter  organized  shall 
he,  and  the  same  are  hereby,  divided  into  three  classes. 
Those  cities  having  30,000  or  more  inhabitants  shall  lie- 
known  as  cities  of  the  first  class;  those  cities  having  more 
than  5,000  and  less  than  30,000  inhabitants  shall  be  known 
as  cities  of  the  second  class;  and  all  other  cities  shall  be 
known  as  cities  of  the  third  class. 

175.  Change  of  class.  Whenever  any  city  of  the  second 
class  shall  have  attained  the  population  of  30,000  or  more. 
or  any  city  of  the  third  class,  or  town,  shall  have  attained 
the  population  of  5,000  or  more,  and  such  fact  shall  have 
been  duly  ascertained  and  certified  to  the  governor  by  the 
mayor  or  the  president  of  the  board  of  trustees,  he  shall 
declare,  by  public  proclamation,  such  city  or  town  to  1" 
the  first  or  second  class,  as  the  case  may  be,  and  such 
city  ur  town,  thus  changed,  shall  be  governed  In  the  p 
visions  of  this  title  applicable  to  cities  of  such  class. 

176.  Judicial  notice  of  change.  All  courts  in  this  state 
shall  take  judicial  notice  of  the  change  of  the  organization 
of  any  city  or  town. 

177.  Legal  results  of  change  in  classification.  All 
rights  and  property  of  every  kind  and  description  which 
were  vested  in  any  municipal  corporation  under  its  Former 
organization  shall  be  deemed  and  held  in  be  vested  in  the 
same  municipal  corporation  upon  its  becoming  incorporated 
under  the  provisions  of  this  title;  but  no  rights  or  liabilities, 
either  in  favor  of  or  against  such  incorporation,  existing 
at  the  time  of  becoming  so  incorporated  under  this  title, 
and  no  action  or  prosecution  of  any  kind  shall  lie  affected  by 
such  change,  bul  the  -aim'  shall  stand  and  progress  as  if  no 
change  had  been  made;  provided,  thai   whenever  a  different 


CHAP.   I  [1.     CIT1  ES  AND  T<  >WXS  .7 

remed)    is  given  by   this  title,  which  may   properly   b 

ilicable  to  any  righl  existing  at  the  time  oi  such  cit) 
■  >r  town  so  becoming  incorporated  under  this  title,  the  same 
-hall  be  deemed  cumulative  to  tin-  remedy  before  provided, 
and    used   accordingly. 

178.  Id.     Ordinances.     All    ordinances    and    resolutions 
in    force    in    any    city    or    town    when    it    shall    change    its 
organization    under    this    title    shall    continue    in     full     I 
and  effect  until   repealed  or  amended,  notwithstanding   such 
change  in  organization;  and   the  making  of  such  changi 

tnization  shall  nol  be  construed  to  affect  the  change  in 
the  legal  identity  of  the  corporation  of  such  cit\  i  i  town, 
provided  such  ordinances  and  resolutions  do  not  conflict 
with   the   provisions  of   this   title. 

179.  Id.     Officers.      When    any    town    or    city    shall,    b) 

u  of  the  governor,  become  a  city  of  the  second 
3,  '>r  any  city  of  the  second  class  shall  in  like  manner 
me  a  city  of  the  first  class,  the  officers  then  in  office 
I   continue  to  be  the  officers  of  the   city   until   the   next 

municipal   election,   and    until    their   successors   shall    be   duly 

ed    and    qualified.      When    new    territory    is    organized 

i   city   or   town,  a   city,   by    petition 

and  pie,  the  officers  first   elected   -hail    serve 

until  the  next  municipal  election,  and  until   their  su 

shall  be  duh  1  and  qualified. 

180.  General   powers  of  corporation.     Cities   and    towns 

under  this  title  shall  be  bodies  politic  and  cor- 
nd  shall  be  known  and  d  ed  by  the  name  and 

i.   and   under  such   nami 
contract     and    be    contracted    with,    acquire    and     hold     real 
and   personal   property   for  corporate  put 
mon    seal,    and    nta\ 

se  all  th. 

d. 


28  CHAP.  III.     CITIES  AND  TOWNS. 

181.  Municipal    wards.     All    incorporated    cities    of    the 

first  and  of  the  second  class  shall  be  divided  into  five 
municipal  wards,  the  boundaries  of  which  shall  be  prescribed 
by  ordinance;  provided,  that  the  boundaries  of  municipal 
wards  shall  not  be  changed  oftener  than  once  in  five  years, 
and  the  wards  shall  be  as  nearlv  as  may  be  of  equal 
population,  and   in   compact  form. 

182.  Government.  The  municipal  government  of  all 
cities  of  the  first  class  is  hereby  vested  in  a  board  of  five 
commissioners,  consisting  of  a  mayor  and  four  commis- 
sioners, and  in  cities  of  the  second  class  in  a  board  of 
commissioners,  consisting  of  a  mayor  and  two  commissioners, 
to  be  known  as  the  board  of  commissioners  of  their  respec- 
tive cities.  The  municipal  government  of  all  cities  of  tin- 
third  class  is  hereby  vested  in  a  mayor  and  citv  council. 
The  city  council  shall  be  composed  of  five  councilmen, 
chosen  at  large  by  the  qualified  voters  of  the  city.  The 
board  of  commissioners  of  cities  of  the  first  and  second 
class  shall  discharge,  exercise  and  have  all  the  duties,  powers 
and  privileges  as  are  now  or  may  be  hereafter  provided  by 
law  and  are  now  or  may  be  hereafter  vested  jointly  or 
severally  in  the  mayor  and  city  council  of  cities  of  the  first 
and  second  class,  and  shall  have  all  the  rights,  duties, 
powers  and  privileges  as  may  hereafter  be  provided  by  law 
for  boards  of  commissioners  of  cities  of  the  first  and  second 
class:  the  boards  of  commissioners  of  cities  of  the  first  and 
second  class  shall  be  the  successors  in  office  of  the  mayor 
and  city  councilmen  of  said  cities  of  the  first  and  second 
class,  and  the  offices  of  mayor  and  city  councilmen  in  cities 
of  the  first  and  second  class  as  now  provided  by  law  are 
hereby  abolished,  to  lake  effect  on  the  first  Monday  in  Janu- 
ary.  1912,  at  twelve  o'clock  meridian. 

Am.   S.    I.    1911,  p.  223. 

183.  Mayor,  Commissioners  and  Auditors.  Qualifica- 
tions.    The   mayor,   commissioners   and   auditors   of   cities   of 


CHAP.   111.     CITIES  AND  TOWNS.  29 

the  first   and  second  class  and  mayors  and  city  councilmen 
of  cities  of  the   third   class,   shall   be   qualified    voters    within 
their  respective  cities. 
Am.  S.  L.  1911.  p.  223. 

184.  Id.  How  chosen.  The  mayor,  commissioners  and 
auditors  of  cities  of  the  first  and  second  class  and  the  mayors 
of  cities  of  the  third  class,  shall  be  chosen  by  the  qualified 
voters    of    their    respective    cities. 

Am.  S.  L.  1911,  p.  223. 

185.  Mayor.  Commissioners.  The  chief  executive  of 
cities  of  the  third  class  shall  be  the  mayor  of  said  cities, 
and  during  his  temporary  absence  or  disability,  the  city 
council  shall  elect  one  of  its  number  to  act  as  mayor  pro 
tern,  who  during  such  absence  or  disability  shall  possess 
the  power  of  mayor.  In  cities  of  the  first  and  second  class 
the  rights,  powers,  duties  and  privileges  as  are  now  provided 
by  law  for  the  mayors  of  said  cities  respectively  shall  be 
vested  in  the  hoard  of  commissioners  of  said  cities  of  the  first 
and  second  class. 

Am.  S.   I.    1911.  p    223 


30  CHAP.    IV.     MAYOR. 

CHAPTER   IV. 

MAYOR. 

187.  Removal.  If  a  mayor,  at  any  time  during  his  term 
of  office,  shall  remove  from  the  limits  of  the  city,  his  office 
shall   thereby  become   vacant. 

189.  Powers,  generally.  He  may  exercise  within  the 
city  limits  the  powers  conferred  upon  him  to  suppress  dis- 
order and  keep  peace ;  and  he  may  remit  fines  and  forfeitures 
"nd  release  any  person  imprisoned  for  violation  of  any  city- 
ordinance,  and  shall  report  such  remittance  or  release,  with 
the  cause  thereof,  to  the  city  council  at  its  next  session. 
See  Sec.   185. 

686x4.  Failure  to  perform  duties  or  absence  from  state 
forfeits  office.  Vacancy  filled  by  appointment  by  mayor.  In 
case  any  judge  of  the  city  court  shall  fail  or  refuse  to  per- 
form the  duties  of  his  office  for  a  period  of  thirty  consecu- 
tive days,  without  reasonable  excuse,  or  in  case  he  shall 
absent  himself  from  the  state  for  ninety  days,  he  shall  be 
deemed  to  have  forfeited  his  office,  except  that  such  absence 
may  be  extended  as  provided  by  the  constitution  of  this 
state,  in  the  case  of  judicial  officers,  and  in  case  any  vacancy 
occurs  in  the  office  of  judge  of  the  city  court  by  death. 
resignation,  absence,  failure,  or  refusal  to  perform  his  duties. 
or  otherwise,  the  said  office  shall  be  filled  by  the  mayor  of 
said  city,  by  and  with  the  consent  of  the  city  council,  and 
the  appointee  shall  hold  his  office  for  the  same  time,  as  pro- 
vided in  the  case  of  appointees  to  state  and  judicial  offices. 

1361.  Directors.  Appointment.  When  the  city  council 
in  any  city  of  the  first  or  of  the  second  class  shall  have 
decided   to  establish  and  maintain  a  public  library  and  read- 


i  HAP.    IV.     MAYOR.  31 

:.   under   the   provisions   hereof,   the   mayot  such 

city  shall,  with  the  approval  of  the  city  council,  proceed  to 
nine  directors  for  the  same,  chosen  from 
the  citizens  at  large  with  reference  to  their  fitness  for  such 
office;  and  nol  more  than  one  member  of  the  cit)  council 
shall  be  at  any  one  time  a  member  of  said  board.  See  Sec. 
185. 

720x53.     Curfew    signal.     It    shall    be    the    duly    of    the 
mayor  or  precinct    justice  of  the  peace  to  arrange   for  some 
r  curfew  signal. 

1330.  Mayors  and  sheriffs  to  notify  board  of  threatened 
strikes  or  lockouts.  It  shall  be  the  duty  of  mayors  of  ci 
and  sheriffs  of  counties,  when  any  condition  likely  to  lead  to 
a  strike  or  lockout  exists  in  the  cities  or  districts  where  the) 
have  jurisdiction,  to  immediately  forward  information  of  the 
same  to  the  secretary  of  the  state  hoard  of  conciliation  .and 
arbitration.  Such  information  shall  include  the  names  and 
addresses  of  persons  who  should  !"•  communicated  with  by 
the   hoard.      See   Sec.    185. 

2701.  Duty  of  mayor  or  district  judge  under  act  of 
congress.     When    the    corporate    authorities    of    any    city    or 

i.  it  the  district  judge  of  any  county  in  which  any  city 
Or  town  may  be  situated,  shall  have  entered  at  the  proper 
land    office    the    land    or    any    part    of    the    land    settled    and 

such  city  "r  town,  pursuant  to  and 
by  virtue  of  the  provisions  of  the  act  of  congress,  em  ale. 1 
"An  act  for  the  relief  of  the  inhabitants  of  cities  and  towns 
upon  the  public  land-."  approved  March  2,  1867,  and  acts 
amendatory    thereto,  it   shall   he  the  duty  of  sucl  irate 

authorities  or  jui  se  may  he,  t..  dispose  of  and 

convey  the  title  to  such  land,  or  to  the  several  blocks,   lot-, 
parcels,    or    share-    then  ins    entitled     tin: 

who  ar<  tained  a-  hereinafter  prescribed. 

185 


32  CHAP.    IV.     MAYOR. 

2706.  Conveyance  made  by  district  judge  or  by  mayor. 
Where  the  entry  of  the  townsite  shall  have  been  made  by 
the  district  judge,  the  conveyance  shall  be  made  by  him  in 
accordance  with  the  judgment  entered.  Where  the  corporate 
authorities  shall  have  made  the  entry,  the  court  shall  certify 
its  judgment  to  the  mayor  of  the  city,  or  the  president  of 
the  board  of  trustees  of  the  town,  who  shall  accordingly 
make  to  the  party  claimant   the   proper  deed.      See   Sec.    185. 

2718.  Lands  reserved  for  public  uses.  Lots  or  parcels 
of  land  necessary  for  streets,  avenues,  lanes,  public  squares, 
parks,  schoolhouses,  hospitals,  asylums,  fire  engine  and  hose 
houses,  pesthouses,  state  or  other  public  buildings,  or  other 
public  use,  may  be  reserved  by  the  mayor,  the  president  of 
the  board  of  trustees,  or  the  district  judge,  as  the  case  may 
l>e;  and  he  may  execute  and  deliver  to  the  proper  party  a 
deed  for  any  property  set  aside  for  such  purposes.  A  certi- 
fied plat  of  such  surveyed  lands  shall  be  filed  for  record  in 
the  office  of  the  county  recorder  of  the  county.    See  Sec.  185. 

4540.  Ordering  police  to  preserve  peace  at  public  meet- 
ing. The  mayor  or  other  officer  having  the  direction  of  the 
police  of  a  city,  town,  or  county  must  order  a  sufficient  force 
to  preserve  the  peace  to  attend  any  public  meeting,  when  he 
is  satisfied  that  a  breach  of  the  peace  is  reasonably  appre- 
hended.    See  Sec.   185. 

POWER   TO    FIX    LIMITS    oh"    BUSINESS    DISTRICT 
FOR  SALE  OF  INTOXICATING   LIQUOR. 

The  mayor  and  city  council  in  their  respective  cities, 
and  the  board  of  trustees  in  their  respective  towns,  shall 
from  time  to  time  determine  and  fix  such  limits  for  the 
purposes  of  this  act. 

Sec.   5,   Liquor    Law,   S.   1..    1911,   p.    154.      See   Sec.    185. 

Amount  of  License  to  be  fixed.  Limit.  City  councils, 
boards  of  trustees  and  boards  of  countv  commissioners  shall 


CHAP.    IV.     MAYOR  33 

fix  the  amounts  to  be  paid  For  licenses  within  the  following 
limits:      For    annual    licenses,    excluding    cosl    and    expense 
idenl   i"  applicatii  in  for  license ; 
Retail    dealer,    nol    less    than    $600    and    not    more    than 
$2,1  *  :< ' . 

Wholesale  dealer,  nol  less  than  $400  and  nol  more  than 
$1,000; 

Distiller,  not   less  than  $400  and  nol   more  than  81,000; 
1    iggists   or   pharmacists,   in    voting   units    voting 
Salt-."  nol  less  than  $200  and  not  more  than  $600; 

Brewers  operating  a  brewery  with  an  annual  capacity 
nol  exceeding  five  thousand  barrels,  not  less  than  $250; 
with  an  annual  capacity  oyer  five  thousand  barrels  and  not 
eeding  twenty-five  thousand  barrels,  not  less  than  $500; 
with  an  annual  capacity  of  over  twenty  five  thousand  barrels, 
and  not  exceeding  titty  thousand  barrels,  not  less  than  $750; 
with  an  annual  capacity  over  fifty  thousand  barrels  and  net 
venty-five  thousand  barrels,  not  less  than  $1,000; 
with  an  annual  capacit)  of  over  seventy-five  thousand  bar 
rels,  lint    less  than  $1,250  per  annum. 

Clubs,  not  less  than  $400  and  not  more  than  $2,000. 
155 

In  case  of  riot  or  public  excitement,  saloons  may  be 
closed.  The  mayor  «•!'  a  city,  the  trustees  of  a  town,  and 
the   commission*  ny   county,    may.   in    case  of  riot   or 

•  public  excitement,  order  persons  who  hold  licenses  not 
away  or  deliver  any  intoxicating  liquor   on   the 
licensed   pre  r  a  period   not  exceeding  three  da) 

any  .  and  no  person   -hall  by  himself,  or  hi-  agenl 

servant,  -ell.  give  away  or  deliver  any  intoxicating  Hi 
in   violation   of   an   order   given    under   the   provisions   of   this 
ion. 

S.    I..    1911.  185. 

Restrictions   and   regulations.     Nothing   in    this 
tained    -hall   pre  hibit    any   cil  ncil,   heard   of 


34  CHAP.   IV.     MAYOR. 

trustees  or  board  of  county  commissioners  from  enacting 
restrictions  upon  and  regulations  of  the  traffic  in  intoxicating 
liquors  in  addition  to  but  not  in  conflict  with  the  provisions 
of  this  act. 

Liquor  Law,  S.   L.   1911,  p.   176. 

Canvass  of  votes.  Declaration  of  result.  The  mayor  of 
any  city,  president  of  the  board  of  trustees  of  any  town 
or  the  chairman  of  the  board  of  county  commissioners  of 
any  county  unit  voting  upon  the  question  shall,  within  five 
days  after  the  votes  have  been  canvassed  and  the  result 
declared,  issue  his  proclamation  declaring  the  result  of  such 
election  and,  if  the  result  be  "Against  Sale."  declaring  that 
the  sale  of  intoxicating  liquors  within  such  city,  town  or 
county  unit  shall  be  unlawful  after  the  first  day  of  October 
immediately  following  such  election;  and,  if  such  result  be 
"For  Sale,"  declaring  that  the  sale  of  intoxicating  liquors 
-hall  be  permitted  after  the  date  of  such  proclamation,  as  in 
this  act  provided.  Such  proclamation  shall  be  published  for 
five  days  in  some  newspaper  published  in  the  city,  town  or 
at  the  county  seat  of  the  county  in  which  such  county  unit 
is  contained,  as  the  case  may  Lie,  or  in  lieu  thereof,  be  posted 
in  five  conspicuous  places  for  ten  days  in  said  city,  town  or 
in  one  conspicuous  public  place  in  each  voting  district  of  said 
countv  unit,  as  the  case  may  be.  In  every  city,  town  or 
county  unit  that  shall  return  a  majority  vote  "Against  Sale," 
the  prohibitive  law  shall  take  effect  on  the  first  day  of 
t  >ctober  immediately  following;  provided,  that  no  license  tor 
the  sale  of  intoxicating  liquors  in  any  city,  town  or  county 
unit  shall  be  granted  for  the  whole  or  any  part  of  the  period 
bet  wtin  the  election  herein  provided  for  and  the  first  day  oi 
i  ictober  immediately  following,  except  to  a  person  who  held 
a  license  on  the  day  of  such  election,  and  as  to  such  person, 
he  shall  be  entitled  to  a  license  subject  to  the  terms  of  lin- 
net. 

Liquor  Law,  S.   L.   1911.  p.   176 


CHAP.    [V.      MAYOR.  35 

190.  Duties.     He  shall  perform  all  duties   which   ai 

b<  prescribed  by  law,  or  by  ordinance,  and  shall  see  thai 
the  laws  and  ordinances  arc  faithfully  executed. 

191.  May  examine  books.  He  shall  have  power  at  all 
times  to  examine  ami  inspect  the  books,  records,  ami  papers 

inj   officer  or  agent  employed  by  the  city. 

192.  Messages.  The  mayor  shall  from  time  to  lime 
give  the  council  information  relative  to  the  affairs  of  the  city, 
and  shall  recommend  for  their  consideration  such  measures 
as   he   may  deem   expedient. 

193.  May  call  out  inhabitants.  He  shall  have  power. 
when  necessary,  to  call  upon  every  male  inhabitant  of  the 
city  oxer  the  age  of  twenty-one  years  to  aid  in  enforcing  the 
laws    and    ordinances,    in    suppressing    riots    and    other    dis- 

rly  conduct,  or  in  carrying  into  effect  any  law  or  ordi- 
nance of  the  city.     See  Sec.   185. 

194.  Revision  of  ordinances.  lie  may  appoint,  by 
and  with  the  advice  of  the  city  council,  one  or  more  com- 
petent   persons   to    prepare    and    submit    to    the    city    council 

heir   adoption   or   rejection,   an    ordinance    in    revision    of 

the  ordinances  of  such  city,  and  for  the  government  of  such 

city,  the  compensation  of  such  revisers  to  be  determined  and 

I   by  the  city  council   and   paid  out    of  the  city  treasury. 

Sec.  185. 

196.  Map  of  city  to  be  recorded.  It  shall  be  the  duty 
of  the  mayor  of  each  city  in   the   state  to  have  recorded   in 

the    county    in    which    such    city    is 
or  map  describing  the  correct   boundaries  of 
■  .  if  the  said  records  do  not  contain  a  record  of  such 
e  Sec.  IS.". 

197.  Vacancy.     If    any    vacancies     shall    occur    in     the 

ilman    by    death,    re  in,    removal, 


36  CHAP.    IV.     MAYOR. 

otherwise,  such  vacancy  shall  be  filled  for  the  unexpired 
term  by  appointment  of  the  city  council  from  the  ward  in 
which  the  vacancy  occurs.  If  any  vacancy  shall  occur 
in  the  office  of  mayor,  commissioner  or  auditor  for  cities 
of  the  first  and  second  class  by  death,  resignation,  removal, 
or  otherwise,  such  vacancy  shall  be  filled  for  the  unexpired 
term  by  appointment  of  the  board  of  commissioners.  Should 
the  board  of  commissioners  fail  for  thirty  days  to  fill  the 
vacancy  in  the  board,  then  the  auditor  shall  sit  as  a  mem- 
ber of  the  board,  for  the  purpose  onlv  of  choosing  some 
person  to  fill  said  vacancy. 

198.     Rules.       Disorderly     conduct.       Expulsion.       The 

council  shall  determine  its  own  rules  of  proceedings,  punish 
its  members  for  disorderly  conduct,  and,  with  the  con- 
currence of  two-thirds  of  the  members  of  the  council,  may 
expel  a  member  for  cause. 


VP    \       B(  >.\KI>   i  >!■    COMMISSI)  »X1  RS  37 


CHAPTER    V. 
BOARD    OF    COMMISSIONERS. 

P(  )\\  ERS     Dl    rms 

199.  Chairman  of  board.  Powers  and  duties  of  com- 
mission. In  cities  of  the  first  and  second  class,  the  mayor 
shall  1>e  chairman  of  the  board  of  commissioners.  The 
mayor  shall  preside  -it  all  meetings  of  the  board  and  shall 
have  the  righl  to  vote  upon  all  questions  coming  before  the 
rd,  and  in  case  of  his  absence  or  inability  to  act,  the 
members  present  must  by  an  order  entered  in  the  records, 
selecl  one  of  their  number  to  act  as  chairman  temporarily 
The  hoard  of  commissioners  shall  have  power  to  enforce 
the  attendance  of  witnesses,  the  production  of  book-  and 
paper-  and  power  i"  administer  oaths  in  the  same  manner 
and  with  like  effect  and  under  the  same  penalties  as  in  the 
case  of  if  the  district   court   exercising  civil  or  crim- 

inal  jurisdiction    under    the    laws   of    Utah.      In    cities   of   the 
first    class    not    less    than    three    members    shall    constitute 
quorum    for   the   transaction   of   business,   and    no  the 

I  shall  be  valid  or  binding  unless  three  men  '  ncur 

therein.  In  cities  of  the  second  class  nol  less  than  two 
members  shall  constitute  a  quorum  for  the  transaction  of 
ness  and  no  act  of  the  board  shall  be  valid  or  binding 
unless  two  members  concur  therein.  Upon  every  vote  the 
and  nays  shall  be  called  and  recorded  and  every 
motion,  resolution,  or  ordinance  shall  be  reduced  to  writing 
and  read  before  the  vote  is  taken  thereon.  The  mayor  shall 
have   no  power  any   measure    but   every   resolution 

rdinanc<  by   the   hoard   must    b<  by   the 

mayor,  or.   if  he   be  from   the   meeting,   l>y   the   ' 

hairman,  or  by  missioners,  and 

II  be  in  force.  -hall 


38  CHAP.   V.     BOARD    OF   COMMISSIONERS. 

each  month  print  in  pamphlet  form  a  detailed  and  itemized 
statement  of  all  receipts  and  disbursements  of  the  city  and 
a  summary  of  their  proceedings  and  expenses  during  the 
preceding  month,  and  furnish  printed  copies  thereof  to  the 
newspapers  of  the  city  and  to  persons  who  shall  apply  there- 
for at  the  office  of  the  recorder.  At  the  end  of  each  year 
the  commissioners  shall  cause  a  full  and  complete  exam- 
ination of  all  the  books  and  accounts  of  the  city  to  be  made 
by  competent  accountants,  and  shall  publish  the  result  of 
such  examination  in  the  manner  above  provided  for  monthly 
statements. 

1188.  Who  may  solemnize.  Marriages  shall  be  solemn- 
ized by  the  following  persons  only : 

1.  Ministers  of  the  gospel  or  priests  of  any  denomina- 
tion, in  regular  communion  with  any  religious  society ; 

2.  Justices  of  the  peace,  mayors  of  cities,  and  judges 
of  the  district  and  supreme  courts.     See  Sec.   185. 

See   Sees.  686x4,  720x53,   1330,  1361,   1363,  2701.  2718.   3372.   M73. 

3417,  3418,   4540   C.   L.   1907. 

Sec.     7,  Liquor  Law,  S.  L.  1911,  p.  155  supra. 

Sec.     3,  Liquor  Law,  S.  L.  1911,  p.  153  supra. 

Sec.     5,  Liquor  Law,  S.  L.  1911,  p.  154  supra. 

Sec.  11,  Liquor  Law,  S.  L.  1911,  p.  157  supra. 

Sec.  61,  Liquor  Law,  S.  L.  1911,  p.  173  supra. 

Sec.  62,  Liquor  Law,  S.  L.  1911,  p.  174  supra. 

Sec.  68,  Liquor  Law,  S.  L.  1911,  p.  176  supra. 

201.  Meetings.  Departments.  In  cities  of  the  first 
and  second  class,  the  board  of  commissioners  shall  pre- 
scribe the  time  and  place  of  holding  its  meetings:  provided, 
that  at  least  four  public  meetings  a  week  shall  be  held 
by  said  board  and  one  of  said  meetings  shall  be  held 
in  the  evening.  If  at  any  time  the  business  of  the  city 
requires  a  special  meeting  of  the  board  of  commissioner-, 
such  meeting  may  be  ordered  by  a  majority  of  the  board 
or  bv  the  mayor  or  temporary  chairman  thereof.  The  order 
must  be  signed  by  the  members  or  mayor  or  chairman  calling 
-hi  li    meeting,   and    must    be    entered    in    the   minutes   of   the 


CHAT    V.     BOARD   OF  COMMISSIONERS  39 

board.  Not  less  than  three  hours'  notice  of  such  special 
meeting  must  be  given  by  the  recorder  to  each  member 
not  joining  in  the  order,  sai>;  to  be  served  personally 

or  left  at  his  usual  place  of  abode.  All  meetings  oi  the 
board  of  commissioner-,  to  which  any  person  not  a  city 
officer  is  admitted,  must  be  public,  the  books,  records 
and  account-  must  he  kept  at  the  office  of  the  city  re- 
corder and  open  at  all  times  during  the  business  hours  for 
public  inspection. 

The  board  of  commissioners  -hall  have  power  to  make 
and  enforce  such  rules  and  regulations  for  the  government 
of  tlu-  hoard,  the  preservation  of  order  and  the  transaction 
of  business  a-  may  he  necessary . 

The  said  hoard  of  commissioner-  -hall  have,  possess  and 
all  executive,  administrative  and  legislative  powers 
and  duties  now  had,  possessed  and  exercised  by  the  mayor, 
city  council  and  board  of  public  works  in  cities  of  the  first 
and  second  class.  The  executive  and  administrative  pov. 
authority    and   duties    in    such    cities   of   the    first    and    second 

-   shall   he  distributed   into  and  anion-   five   departments 

1.  Department  of  Public  Affairs  and  Finance. 

J.  Department   of   Water  Supply  and   Water   Worl 

3.  Department  of  Public  Safety. 

4.  Department  of  Street-  and  Public   Improvement 

5.  Department   of    Park-   and    Public    Property. 

The  -aid  hoard  of  commissioners  shall  at  the  first  regular 
ting    after    the   election   of   it-   members,   designate   by    a 
missii  'iicr    to    he    superintendent 
the    department    of    public    affairs    and    finance,    one    to    he 
indent  of  the  depart!  upply  and  v 

perintendent  of  the  departmi  iblic 

and   •  oi  intendenl    of 

ind    public    property,    hut    such 
1    when.  irs    that     the 


40  CHAP.    V.      HOARD    OF   COMMISSIONERS. 

public  service  shall  be  benefited  thereby;  provided,  that 
in  cities  of  the  second  class  no  member  of  the  board  shall 
be  superintendent  of  more  than  two  departments.  Said 
board  of  commissioners  shall  also  determine  the  powers 
and  duties  to  be  performed  by  said  superintendents  of 
departments  and  of  all  officers  and  employes  :  it  may  assign 
any  particular  member,  officer  and  employe  to  one  or  more 
of  the  departments,  it  may  require  a  member,  officer  or 
employe  to  perform  duties  in  two  or  more  departments,  and 
may  make  such  other  rules  and  regulations  as  may  be 
necessary  or  proper  for  the  efficient  and  economical  con- 
duct  of   the   business   of  the   city. 

202.  Passage  of  ordinances.  It  shall  sit  with  open 
doors  and  keep  a  journal  of  its  own  proceedings.  The  yeas 
and  nays  shall  be  taken  upon  the  passage  of  all  ordinances 
and  all  propositions  to  create  any  liability  against  the  city. 
and  in  all  other  cases  at  the  request  of  any  member,  which 
shall  be  entered  upon  the  journal  of  its  proceedings.  The 
concurrence  of  a  majority  of  the  members  elected  to  the 
city  council  shall  be  necessary  to  the  passage  of  any  such 
ordinance  or  proposition;  provided,  that  in  cities  where  there 
are  an  even  number  of  councilmen  the  consent  or  concurrence 
of  one-half  of  the  councilmen  elected  shall  be  sufficient  to 
confirm  an  appointment  or  concur  in  the  removal  of  an 
appi  lintive  i  ifficei 

203.  Reconsideration  of  vote.  No  vote  of  the  city 
council  shall  be  reconsidered  or  rescinded  at  a  special  meet- 
ing, unless  at  such  special  meeting  there  be  present  as  large 
a  number  of  councilmen  as  were  present  when  such  vote 
\\  as  taken. 

204.  Deferring    action    on    reports.      Am     report     < 
committee    of   the    council    shall    be   deferred    for    final    action 
thereon    t<i    the    next    regular    meeting    of    the    council    after 
the  report   is  made,  by   requesl   of  any  two   members  of  the 
c<  itincil. 


CHAP    V.     BOARD  OF    COMMISSIONERS  41 

205.     When  ordinances  take  effect.     Publication.     Proof. 
All   ordinances,   before    taking    effect,    shall    be   deposited    in 
the  office  of   the  city   recorder  and   published   at    least 
in    some   newspaper   published    within    the   city,   or   it    there 
i>    ii"    newspaper    published    in    the    city,    then    by    posting 
in   three   public   places   therein,   and    shall    go    into   effect 
the    twentieth    day    alter    it--    publication,    unless    provided 
in    the   ordinance   that    it   shall    take   effect    at    an    earlier   0 
later  date;  provided,   that    whenever  a    revision    is    made   and 
the    revis  linances    are    published    b)    authority    of    the 

1  oi  commissioners  or  citj    council,   1 1 •  >   further   publica 
t i • » 1 1    shall    be   deemed    necessary.      The   cit\     recorder    - 

id  all  ordinances  in  a  book  kept  for  that  purpose,  to- 
g-ether with  the  affidavits  ^i  publication  by  the  publisher, 
i  'r  In-  agent,  or  if  posted,  with  the  certificates  of  the  due 
posting  thereof;  and  said  book,  or  a  certified  copy  of  the 
ordinances,  under  the  seal  of  the  city,  shall  be  received  as 
evidence   in   all   i  an  ces    without    further   proof,  or 

if   printed    m    I k    or    pamphlet    form    b)    authority    of    the 

board    of    commissioners    or    city    council,    they    shall    1" 
received:   provided,   that    in   cities   of   tin-    third   class   the   city 
council  may.  at   i  in,  order  that  a  certified  copy  of  any 

ordinance  he  posted  in  three  public  places  within  the  city, 
and  thereafter  no  further  publication  --hall  he  deemed 
necessarv. 


42  CHAP.  VI.     POWERS  OF  CITY   COUNCILS. 

CHAPTER  VI. 

POWERS  OF  CITY  COUNCILS. 

An  Act  to  amend  Section  206,  Compiled  Laws  of  Utah, 
1907,  relating  to  the  powers  of  City  Councils,  and  ar- 
ranging the  subdivisions  of  said  Section  into  independent 
Sections  to  be  known  as  Sections  206  to  206x87,  both 
inclusive. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Utah: 

Section  1.  Section  amended.  That  Section  206,  Com- 
piled Laws  of  the  State  of  L'tah  of  1907,  be,  and  is  hereby 
amended   to   read  as   follows : 

206.  General  Powers.  The  city  council  shall  have 
the  powers  in  the  following  Sections  enumerated. 

206x1.  Finances  and  Property.  To  control  the  finances 
and  property  of  the  corporation. 

206x2.  Appropriations.  Property.  To  appropriate 
money  for  corporate  purposes  only,  and  provide  for  pay- 
ment of  debts  and  expenses  of  the  corporation ;  and  to 
purchase,  receive,  hold,  sell,  lease,  convey,  and  dispose  of 
property,  real  and  personal,  for  the  benefit  of  the  city, 
both  within  and  without  its  corporate  boundaries;  to  improve 
and  protect  such  property,  and  to  do  all  other  things  in 
relation  thereto  as  natural  persons. 

City  councils  may  appropriate  funds.  The  city  councils 
of  cities  of  the  first,  second  and  third  classes  shall  have 
power  to  appropriate  from  any  funds  of  the  city  available 
for  general   purposes,  such   sums  as  they   may   deem   expedi- 


I  HAP    VI.     POWERS  OF  CITY  COUNCILS.  43 

ent  [or  the  purpose  of  assisting  the  State  Armory  Board 
in  tin'  erection  of  armories  within  their  respective  cities, 
and  for  the  maintenance  of  armories  located  and  mail 
therein,  and  in  all  cities  where  water  works  and  electric 
light  are  owned  by  the  city,  the  water  and  electric  light 
used  in  armories  maintained  therein  may,  at  the  dis 
of  the  citj   council,  be  furnished  without  cost. 

Approved    March   9th,    1911. 

206x3.  Taxes.  To  levy  ami  collect  taxes  for  general 
and  special  purposes  on  real  and  personal  property  as 
provided  by  law. 

206x4.  Licenses.  'I'.'  fix  the  amount,  terms,  and  man- 
ner of  issuing  licenses. 

206x5.  Public  buildings.  To  erect  all  needful  build- 
ings   for    the    USe   of    the   city. 

206x6.  Borrow  money.  To  borrow  money  on  the 
credit  of  the  corporation  for  corporate  purposes,  in  the 
manner  and  t"  the  extent  allowed  bj  the  constitution  and  the 
laws,    and    t..    issue    warrants    and    bonds    therefor,    in    such 

tints   and    forms   and   >>n    such   conditions   as    the    council 
shall    determine.      The    council    shall    provide    for    the    paj 
ment  of  the  interest  "it   such   bonds  a-   the   same   -hall   be- 

e  due.  and  for  a  sinking  fund  for  the  payment  of  the 
principal  thereof,  within  twentj   years  after  issuing  tin-  same. 

206x7.     Issue  bonds.     To  issue  bonds  in   place  of  or  i" 
supply   means   t"  meet  maturing  bonds  ■■!■   for  consi 
refunding  of   the   same. 

206x8.  Streets.  Sidewalks.  Parks.  To  lay  out, 
tablish,  open,  alter,  widen,  extend,  grade,  pave,  or  "tin' 
impi  Iks,  park-,  .md  public 

unds;  and   ;  me. 


44  CHAP.  VI.     POWERS  OF  CITY  COUNCILS. 

206x9.  Trees.  To  plant  or  direct  and  regulate  the 
planting  of  ornamental  shade  trees  in  streets,  avenue-,  side- 
walks, parks,  and  public  grounds. 

206x10.  Use  of  streets  and  parks.  To  regulate  the  use 
of  streets,  alleys,  avenues,  sidewalks,  cross-walks,  parks,  and 
public  grounds. 

206x11.  Obstructions.  To  prevent  and  remove  obstruc- 
tions and  encroachments  upon  the  same. 

206x12.  Lighting,  etc.  To  provide  for  the  lighting, 
sprinkling,  and  cleansing  of  the  same;  provided,  that  the 
city  council  shall  have  the  power  to  create  sprinkling  dis- 
tricts and  levy  a  special  tax  therefor  on  the  property  to  be 
benefited    thereby. 

See  Chap.  S4,  Laws  of  Utah,  1913. 

206x13.     Gas    and    water    mains,    etc.     To    regulate    the 

opening  and  use  thereof  for  the  laying  of  gas  or  water  mains 
and  pipes,  and  the  building  and  repairing  of  sewers,  tunnels, 
and  drains. 

206x14.  Water,  gas  and  light  works.  To  construct  and 
maintain  waterworks,  gas  works,  electric  light  works,  tele- 
phone lines,  street  railways,  or  bath  houses,  or  to  authorize 
the  construction  and  maintenance  of  the  same  by  others,  or 
to  purchase  or  lease  any  or  all  of  said  works  From  any 
person   or  corporation. 

206x15.  Protect  water  supply.  To  construct  or  author- 
ize the  construction  of  waterworks,  without  their  limits:  and 
for  the  purpose  of  maintaining  and  protecting  the  same  from 
injurv  and  the  water  from  pollution,  their  jurisdiction  shall 
extend  over  the  territory  occupied  by  such  works:  and  over 
all  reservoirs,  streams,  canals,  ditches,  pipes,  and  drains 
used    in    and    necessary    for    the    construction,    maintenance. 


i  ll  \r    \  i      Pi  >\\  ERS  i  M    Cm    (  i  IUN<  I  45 

and  operation  of  the  same,  and  over  the  stream  or  source 
from  which  the  water  is  taken,  for  ten  miles  above  the  point 
from    which    it    is   taken;    and    to   enact    all   ordinances   and 

ilations  necessary  to  carry  the  power  herein  conferred  into 
effect;  provided,  however,  that  each  city  of  the  first  class 
•-hall  provide  a  highway  in  and  through  its  corporate  limits, 
and  so  far  as  it-  jurisdiction  extends,  which  shall  not  be 
closed  to  cattle,  horses,  sheep,  or  hogs,  which  are  being 
driven   through   any  Mich  cit)    or  through  any   territory   ad- 

nt  thereto,  over  which  the  said  city  has  jurisdiction,  bul 
the  cit)  council  of  such  city  may  enact  ordinances  placing 
under  police  regulations  the  manner  of  driving  such  cattle, 
sheep,  horses  and  hogs  through  such  city,  or  any  territory 
adjacent  thereto  over  which  the  said  cit)   has  jurisdiction 

206x16.  Tax  districts.  To  divide  the  city  into  districts 
for  tlu-  purpose  of  local  taxation,  or  to  create  districts  for 
that  purpose,  as  occasion  may  require. 

206x17.  Control  of  water.  To  control  the  water  and 
water  courses  leading  to  the  city,  and  t"  regelate  and  con 
trol  the  water  courses  and  mill  privileges  within  the  city; 
provided,  that  the  control  shall  not  Ik-  exercised  t"  the 
injury  of  any  rights  already  acquired  b)  actual  owners,  ami 
ided    further,    that    when    the    city    council    "t'    an) 

s  distributing  agent   of  the   water.  nut    the  property 

nt  the  corporation,  outside  of,  or  within  the  corporate  limits 

such  council  may.  and  is  hereby  authorized  to, 

■  v    annually    fi  >r    the 

•  if  controllii  ind  distributing  such   water. 

and  constructing  and  keeping  in  repair  the  necessary  means 

g,    and    distributing    the    same;    pro- 
he  fund-  i  if  said  tax  shall 
tppropri;                       :    for  any  other   purpose,  and   in 
n'   mon                 levied   and   collected   in    any 
r    than                                         id    purposes    th< 
»r    balance     shall    he    carried     t"  I     the 


46  CHAP.  VI.     POWERS  OF  CITY   COUNCILS. 

year  next  following  and  applied. to  the  purpose  for  which  it 
was  collected.  Said  lax  shall  be  levied  and  collected  as 
provided  by  ordinance,  and,  until  collected,  the  same  shall 
be  a  lien  upon  such  water  rights  and  the  land  irrigated 
thereby. 

206x18.  Purchase  or  lease  water,  canals,  etc.  To  con- 
struct, purchase,  or  lease,  and  maintain  canals,  ditches,  arte- 
sian wells,  and  reservoirs ;  and  to  purchase  or  lease  springs, 
streams,  or  sources  of  water  supply  for  the  purpose  of  pro- 
viding water  for  irrigation,  domestic  or  other  useful  pur- 
poses ;  and  prevent  all  waste  of  water  flowing  from  artesian 
wells ;  and,  if  necessary  to  secure  said  sources  of  water  sup- 
ply, to  purchase  or  lease  the  land  from  which  said  water 
has  been  appropriated  or  applied  ;  also  to  purchase,  acquire, 
or  lease  stock  in  canal  companies  and  water  companies  for 
the  purpose  of  providing  water  for  said  city  or  town  and 
the  inhabitants  thereof. 

Whenever  a  city  council  or  city  is  acting  as  distribut- 
ing agent  of  the  water,  not  the  property  of  the  corporation, 
outside  of,  or  within  the  corporate  limits  of  such  city,  as 
provided  by  law,  such  city,  upon  written  petition  of  the 
owners  of  such  water,  may  increase  the  supply  of  said 
water  owned  by  said  persons  by  any  of  the  moans  pro- 
vided in  this  subdivision,  and  for  that  purpose  may  levy  and 
collect  from  the  owners  of  such  water  a  tax  not  exceeding 
such  sum  per  acre  of  land  owned  b}r  such  persons  as  may 
have  been  agreed  upon  and  designated  in  said  petition,  said 
tax  when  so  collected  to  be  appropriated  exclusively  to  said 
purposes  except  such  part  thereof  as  is  necessary  to  pay  the 
expense  of  levying  and  collecting  the  same.  Said  tax  shall 
constitute  a  lien  upon  the  water  rights  of  said  persons  and 
the  land  irrigated  thereby,  and  shall  be  levied  and  collected 
as  provided  in  the  preceding  subdivision  of  this  section. 

206x19.  Lighting  works  and  contracts.  To  contract 
with    and   authorize   any   person,   company,   or   association    to 


4 


W    VI      POV\  E  RS  I  »F   CI  1'Y   C(  »UN(  1LS.  47 

-   works,  electric,  or  other  lighting  works  in  said 
city,    and    give    such    persons,   company,   or   association    iln- 
privilege  of  Furnishing  lighl   For  the  public  buildings,  strei 
sidewalks,  and  alleys  of  said  city,  for  any  length  of  time  not 
exceeding  three  years. 

206x20.  Lighting  streets.  Regulation  of  sale  of  light 
and  power.  To  provide  for  the  lighting  of  streets,  laying 
down  of  gas  pipes,  and  erection  "i  lamp  posts;  to  regulate 
the  sale  and  use  of  gas,  natural  gas,  and  electric  or  other 
light:  electric  power,  the  charge  therefor,  and  the  rent 

meters   within    tin-    city,    and    t<>    regulate    the    inspection 
then  prohibit    or    regulate    the    erection    of    telegn 

phone,    or    electric    wire    poles,    in    the    public    grounds, 
its,   or  alleys,   and   the   placing  of  wires    thereon;   and    to 
require    the    removal    from    the    public    grounds,    streets, 
alleys,  of  any  or  all  such  poles,  and  the  placing  underground 
anj  "rail  telegraph,  telephom  trie  win 

206x21.     Water    rates.     To    fix    the   rate    t<>    he    paid    for 
■    furnished  by  the  city,  or  by  an)    pi 

I    Utah,    1' 

206x22.     Use    of    sidewalks.      I  the     usi 

-  and  all  structures  thereunder  or  thereover,  and  i<< 
require   the  i  cupant  of  an)    property   t<>  keep  the 

Line,  free   from   snow    and 

206x23.     Obstructing   streets.     To    i  vent 

nsive   matter   in,  and   i<>   prevent    injur)  ruc- 

r  public  ground. 

206x24.     Curbs  and   gutters.      ! 


48  CHAP.   VI.     POWERS  OF  CITY   COUNCILS. 

206x25.  Signs,  awnings,  etc.  To  regulate  or  prevent 
the  use  of  streets,  sidewalks,  public  buildings,  and  grounds 
for  signs,  sign  posts,  awnings,  telegraph,  or  telephone  poles, 
horse  troughs,  or  racks,  or  for  posting  hand  bills  or  adver- 
tisements. 

206x26.  Hand  bills.  To  regulate  or  prohibit  the  exhi- 
bition, distribution,  or  carrying  of  placards  or  hand  bills  in 
the  streets,  public  grounds  or  upon  the  sidewalks. 

206x27.  Flags.  Banners.  To  regulate  or  prevent  the 
flying  of  flags,  banners,  or  signs  across  the  streets  or  from 
houses. 

206x28.  Street  traffic.  To  regulate  or  prohibit  traffic 
and  sales  upon  the  streets,  sidewalks,  and  public  place-. 

206x29.  Speed  of  horses  and  vehicles.  To  regulate  the 
speed  oi  horses  and  other  animals,  bicycles,  automobiles,  and 
other  vehicles,  and  cars  and  locomotives  within  the  limits 
of  the  corporation:  and  to  prevent  horse  racing,  immoderate 
driving  or  riding  in  the  streets. 

206x30.  Numbering  houses.  To  regulate  the  number- 
ing of  houses   and  lots. 

206x31.  Naming  streets.  To  name  streets,  avenues, 
and  other  public  places,  and  to  change  the  names  thereof. 

206x32.  Railroad  tracks.  To  permit,  regulate,  or  pro- 
hibit the  locating,  constructing,  or  laying  the  tracks  of  any 
railroad  or  tramway  in  any  street,  alley,  or  public  place;  and 
to  grant  franchises  to  railroad  companies,  and  to  union  rail- 
depol  companies,  to  lay,  maintain,  and  operate  in  any 
street  or  part  or  parts  of  streets  of  said  cities,  or  Other 
public  places  therein,  railroad  tracks,  and  union  railroad 
depot  connecting  and  terminal  tracks,  but  such  permission 
shall  not  be  for  a  longer  time  than  one  hundred  years. 


CHAP.  VI.     POWERS  OF   'I  l'Y   I  I  tUNCILS 

206x33.  Railroad  crossings.  To  provide  for  or  change 
the  location,  grade,  or  >  of  any  railroad;  and   to  de- 

clare a  nuisance  and  to  take  up  and  remove,  or  to  cause 
to  be  taken  ii|>  and  removed,  the  tracks  of  any  street  rail- 
wax  company  which  shall  have  been  laid  upon  the  streets- 
mt  highways  of  the  cit)  and  winch  such  railway  compan) 
lias  failed  to  operate  with  cars  for  public  use  for  a  pen.  "I 
of  nine  months  after  the  laying  then 

206x34.  Railroad  fences,  crossings,  etc.  To  require 
railroad  companies  to  fence  their  respective  railroads  or  any 
portion  of  the  same  and  to  construct  cattle  guards,  crossings 

1  of  public  roads,  and  to  keep  the  same  in   r< 
within  the  limits  of  the  corporation. 

206x35.  Flagmen  at  crossings.  Drainage.  To  require 
railroad  companies  to  keep  flagmen  at  railroad  crossings  of 

streets,  or  otherwise  to  provide  protection  against  injury 
to  persons  or  propert)  ;  to  compel  such  companies  to  raise 
or  lower  their  railroad  tracks  to  conform  to  any  grade  which 
at  any  time  may  he  established  by  such  city,  so  that  such 
tracks  may  be  crossed  at  any  place  on  any  street,  allc. 
highway;  to  compel  railway  companies  to  make  and 
open,  ami  to  keep  in  repair,  ditches,  drains,  sewers,  and 
culverts  along  and  under  their  railroad  tracks  so  that  the 
natural  or  artificial  drainage  of  adjacent  property  shall  not 
he  impaired. 

206x36.  Bridges.  To  construct  and  keep  in  repair 
bridges,  viaducts,  and  tunnels,  and  to  regulate  the  use 
thereof 

206x37.      Drains,  sewers,  etc.     To  construct   and   keep   in 

repair    culverts,    drams,    sewers,    catch    basins,    manholes,    and 

nd  to  regulate  the  construction  and   use  thereof. 

206x38.     Licenses  generally.      To  license,  tax  and  regulate 


50  CHAP.  VI.     POWERS  OF  CITY   COUNCILS. 

hawking, peddling, pawn-brokerage,  loan  agencies,  employment 
agencies,  the  keeping  of  ordinaries,  theatricals,  and  other  exhi- 
bitions, shows,  and  amusements,  and  the  business  conducted  by 
ticket  scalpers,  distilleries,  breweries,  money  changers,  brok- 
ers, keepers  of  public  scales,  runners  for  stages,  cars,  public 
houses,  or  other  persons  or  things,  and  to  revoke  such  license 
at  pleasure;  to  license,  tax  and  regulate  banks,  bath  houses, 
livery  stables,  skating  rinks,  smelters,  crushers,  express  com- 
panies, restaurants,  hotels,  taverns,  theaters,  opera  houses, 
music  halls,  boarding  houses,  eating  houses,  chop  houses, 
lodging  houses,  laundries,  barber  shops;  second-hand  or 
junk  stores,  and  to  forbid  the  owners  or  persons  in  charge 
of  said  stores  from  purchasing  or  receiving  any  article  what- 
ever from  minors  without  the  written  consent  of  their 
guardians  or  parents;  and  storage  houses  .and  to  require 
bond  to  the  city  for  the  benefit  of  bailors  therein;  t<>  license. 
tax,  and  regulate  the  business  conducted  by  hackmen.  dray- 
men, omnibus  drivers,  carters,  cabmen,  porters,  expressmen, 
watermen,  and  all  others  pursuing  like  occupations,  and  to 
prescribe  their  compensation  ;  to  license,  tax,  and  regulate  the 
business  conducted  by  merchants,  retailers,  shop  and  store- 
keepers, butchers,  druggists,  photographers,  assayers,  con- 
fectioners, furniture  dealers,  coal  dealers,  lumber  dealers, 
fruit  peddlers,  and  solicitors;  to  license,  tax,  and  regulate 
bill  boards,  bill  posting,  and  the  distribution  of  advertising 
matter;  to  license,  tax,  and  regulate  the  running  of  automo- 
biles, street  railway  and  steam  cars,  bicycles,  and  other 
vehicles. 

206x39.  Id.  Games  and  dancing.  To  license,  tax. 
regulate,  and  suppress  billiard,  pool,  bagatelle,  pigeon  hole. 
or  any  other  tables  or  implements  kept  or  used  for  similar 
purpose;  also  pin  alleys,  or  tables,  or  ball  alleys;  also  to 
license,  tax,  regulate,  in  cities  of  the  first  and  second  class, 
prohibit  en-  suppress,  dancing  halls,  dancing  resorts,  dancing 
pavilions,  and  all  places  or  resorts  to  which  persons  of  oppo- 


CHAP.  VI.     POWERS  OF  CITY   COUNCILS.  51 

site  sexes  may  resorl   for  the  purpose  of  dancing  •>!    indulg 
ing  in  other  social  amusements. 

206x40.  Id.  Disorderly  houses.  To  suppress  ami  pro- 
hibit the  keeping  of  bawdy  ami  other  disorderly  houses, 
houses  of  ill  fame  or  assignation,  or  houses  kept  by,  main- 
tained for,  or  resorted  to  or  used  by  one  or  more  females 
for  lewdness  or  prostitution  within  the  limits  of  the  city, 
and  within  three  miles  of  the  outer  boundaries  thereof,  and 

rohibit  the  resorting  thereto  for  any  of  the  purposes 
;  and  also  to  suppress  and  prohibit  gambling  houses 
and  gambling,  lotteries,  and  all  fraudulent  devices  and 
practices,  and  all  kinds  of  gaming,  playing  at  dice,  cards,  and 
other  games  of  chance,  ami  to  prohibit  music  or  the  sale  or 
exhibition  of  obscene  or  immoral  publications,  prints,  pictures 
or   illustrations. 

206x41.     Liquor    licenses.      To    license  [ulate,    or 

prohibit,  the  manufacturing,  selling,  giving  away,  or  disposi- 

in  any   manner,  of  any   intoxicating  liquor;  and 
liibit  the  keeping  for  sale,  or  disposition,  contrary  to  law.  or 
being  concerned  in  so  keeping,  or  the  maintaining  of  pi, 
where   such    liquors    are   being   kept    for   such    purpose,   or    the 
obtaining  "i   such  liquors  by  fraud  from  any  practicing  phy- 

:ii   or  dp  ■    in   any  manner  in   aiding  in    the   selling, 

giving    away,    manufacturing,    keeping,    distributing,    or    dis 
uch  intoxicating  liquor  contrary  to  law:  provided 
no  hern-  It  purpose  shall  be  issued  by  the  citj  recorder 

ouncil  of  any  city  where  the  qualified  electors  of  such 
city  have  voted  "against  sale"  of  intoxicating  liquors,  anil 
the  i  uch  city  shall  prohibit  the  manufacturing, 

selling,  giving  away,  keeping   t"r  sale  or  the  disposition   in 
any   manner,  of  any    intoxicating    liquors,   except    tin-    maim 
facture    and    sale    thereof    as    provided    bj    law.    in    any    city 
where     the     qualified  rs     have     voted     "for     sale"     of 

ting  liqu  :i   city   council   shall    have   the   ri^ht 

■nine   the   amount    to   be   paid    for   liquor    licenses 


52  CHAP.  VI.     POWERS  OF  CITY   COUNCILS. 

provided  by  law,  and  said  license  shall  be  subject  to  the 
same  regulations  as  are  required  by  the  general  laws  of  the 
State,  and  may  provide  such  other  reasonable  regulations 
as  such  city  council  may  deem  advisable.  Any  city  may 
provide  for  and  enforce  obedience  to  all  ordinances  or  regu- 
lations adopted  or  passed  pursuant  to  the  authority  hereby 
granted  by  affixing  such  penalties  as  local  conditions  may  to 
such  council  seem  to  require,  provided  that  such  penalties 
shall  be  within  the  limitations  set  forth  in  Section  206x87. 
Chapter  120.  Laws  of  Utah,  1911. 
Approved    March   20th,    P'13. 

206x42.  Markets.  To  establish  markets  and  market 
houses,  and  provide  for  the  regulation  and  use  thereof. 

206x43.  Id.  To  provide  for  the  place  and  manner  i  >f 
sale  of  meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables, 
and  all  other  provisions,  and  regulate  the  selling  of  the  same. 

206x44.  Inspection  of  provisions.  To  provide  for  and 
regulate  the  inspection  of  meats,  fruits,  poultry,  fish,  butter. 
cheese,  lard,  vegetables,  flour,  meal,  and  all  other  provisions. 

206x45.  Inspection  of  merchandise.  To  provide  for  the 
inspection,  measurement,  or  graduation  of  any  merchandise, 
manufacture,  or  commodity,  and  to  appoint  the  necessary 
officers  therefor. 

206x46.  Weights  and  measures.  To  provide  for  the 
inspection  and  sealing  of  weights,  measures,  computing  scales 
and  all  weighing  and  measuring  devices  indicating  arith- 
metical  values  as  well   as   weight. 

206x47.     Id.     To  enforce  the  keeping  of  proper  weights, 

measures,  computing  scales  and   all   weighing  and   measuring 
devices  indicating  arithmetical  values  as  well  as  weieht. 


CHAP.  VI.     POWERS  OF  CITi    COUNCILS.  53 

206x48.     Plumbing.     To  regulate  the  construction,  repair, 
and  nst-  of  vaults,  cisterns,  areas,  hydrants,  pumps,   sewi 
gutters,  and  plumbing,  and  to  provide  for  .1  board  of  examin- 

■  1  examine  into  the  fitness  and  qualifications  of  persons 
following  the  plumbing  trade;  and  to  prescribe  what  qualifi- 
cations are  necessarj  of  persons  Following  said  trade. 

206x49.  Disorderly  conduct.  Obtaining  money  under 
false  pretenses.  To  prevent  intoxication,  Fighting,  gambling, 
quarreling,  dog-fights,  cock-fights,  prize-fights,  bull-fights, 
and  all  disorderly  conduct,  and  to  provide  againsl  and  pre- 
vent the  offenses  of  assaull  and  battery,  petit  larceny,  to 
5,  routs,  in  'iscs,  disturbances,  1  ir  disi  irderly  assem- 
blies in  any  street,  house  or  place  in  the  cit)  ;  to  regulate  and 
prevent  the  discharge  of  firearms,  rockets,  powder,  fireworks, 
or  an)  other  dangerous  or  combustible  material  in  the  stn 

unds,  alleys,  or  about  or  in  the  vicinity  of  public 
buildings;  to  provide  against  and  prevent  the  offense  oi 
obtaining  money  or  property  under  false  pretenses,  or  the 
offense  of  embezzling  money  or  propert\  ;  in  all  cases  where 
tin  mone)  or  property  embezzled  or  obtained  by  false  pre- 
tense does  not  exceed  in  value  the  sum  of  $50.00,  and  to 
prohibit  the  -ale.  giving  away  or  furnishing  of  tobacco,  intoxi- 
cating liquors,  opium  or  other  narcotics  to  any  person  under 
21  years  of  age;  and  to  prohibit  the  buying,  accepting,  or 
having  in  hi-  sion  any  of  the  aforesaid  narcotic-  In  any 

person  under  21   \  1  ge. 

Approved    March   20th,    1913. 

206x50.     Concealed   weapons.     To   regulate   and   prohibit 
tin-  carrying  of  concealed  weapons. 

206x51.     Vagrants.     To   arrc-t.    fine,   or   set    to   work    on 
the  Isewhere,  all   vagrants,  mendicant-,  and   per- 

-    found    m    -aid    city    without    visible    mean-    of    support 
legitimate  busim 


54  CHAP.  VI.     POWERS  OF  CITY  COUNCILS. 

206x52.  Disorderly  conduct  To  provide  for  the  punish- 
ment of  persons  disturbing  the  peace  and  good  order  of  the 
city  or  any  lawful  assembly,  by  clamor  or  noise,  or  by 
intoxication,  fighting,  or  using  obscene  or  profane  language, 
or  otherwise  violating  the  public  peace,  by  indecent  or  dis- 
orderly conduct  or  by  lewd  or  lascivious  behavior,  and  to 
punish  for  interfering  with  any  city  officer  in  the  discharge 
of  his  duty.  Also  to  provide  for  the  punishment  of  trespass 
and  such  other  petty  offenses  as  the  city  council  may  deem 
proper. 

206x53.  Tramps,  swindlers,  etc.  To  provide  for  the 
punishment  of  tramps,  common  street  beggars,  common 
prostitutes,  habitual  disturbers  of  the  peace,  pickpockets, 
gamblers,  thieves,  or  persons  who  practice  any  game,  trick, 
or  device,  with  intent  to  swindle. 

206x54.  Fire  limits.  To  define  the  fire  limits,  and 
prescribe  limits  within  which  no  building  shall  be  constructed 
except  of  brick,  stone,  or  other  incombustible  material, 
without  permission,  and  to  cause  the  destruction  or  re- 
moval of  any  building  constructed  or  repaired  in  violation 
of  any  ordinance,  and  to  cause  all  buildings  and  enclosures 
which  may  be  in  a  dangerous  state  to  be  put  in  a  safe 
condition  or  removed. 

206x55.  Construction  of  buildings.  To  prescribe  the 
manner  of  constructing  stone,  brick,  and  other  buildings, 
and  the  construction  of  fire  escapes;  and  to  cause  all  build- 
ings  used  for  public  purposes  to  be  provided  with  sufficient 
and  ample  means  of  exit  and  entrance,  and  to  be  supplied 
with  necessary  and  appropriate  appliances  for  the  extin- 
guishment of  fire,  to  prevent  the  over-crowding  thereof, 
and  to  regulate  the  placing  and  use  of  seats,  chairs,  benches, 
scenery,  curtains,  blinds,  screens,  or  other  appliances  therein. 


CHAP.  VI.     TOWERS  OF  CITY  COUNCILS. 

206x56.     Chimneys,    boilers,    etc.     To    prevent    the 
gerous   construction    and    condition    of   chimneys,    fireplaces, 
hearths,  stoves,  stovepipes,  heaters,  ovens,   Furnaces,  l>.>ilers, 
and    apparatus    used    in   and    about    buildings,   and    manui 
tories,    and    cause    the    same    removed    or    placed    in    a 

Mil. 

206x57.  Prevention  of  fires.  To  regulate  and  prevent 
tlie  carrying  on  of  manufacturing  likely  to  cause  fires,  and 
t"  prevent  the  deposit  of  ashes  in  unsafe  places. 

206x58.     Fire    department.     Except     as    otherwise 
vided  by   law,   to  provide   for  the  organization   and    support 
partment;  to  procure  fire  engines,  hooks,  ladders, 
buckets,   and   other   apparatus;   and  inize    fire   engine 

and    hook    and    ladder    companies,    and    to    prescribe    duties, 
rules,    and    regulations    for    the    government     thereof    with 
such  penalty  as  the  council  may  deem   proper,  and  to  m 
all  m  iriation  therefor;  and  to  establish  rcqatla- 

tions  for  the  prevention  and  extinguishing  of  fires. 

206x59.  Combustibles  and  explosives.  To  regulate  or 
prevent  the  storage  of  gunpowder,  tar.  pitch,  resin,  coal  oil. 
benzine,  turpentine,  nitroglycerine,  petroleum,  "r  any  of  the 
products  there>>i".  and  other  combustible  or  explosive  mate- 
rials, and  the  use  of  lights  in  stables,  simps,  and  other 
places,  and  the  building  of  bonfir 

206x60.     Steam    boilers    and    elevators.     To    provide    for 

the  n    and    •  e  of   <tcam    boiler-  .    to 

ide    for    the    examination,    regulation,    and    licensing    of 

■  nary  engineers  and  ..tliers  having  chat.  ntr< 

ry   engines,   boilers.   .>r   -.team    generating   apparatus, 

itors  within  the  corporate  limits  of  the  city. 

206x61.     City    jails.     To    establish,    erect,    and    maintain 

the  city   jails,  hi  correction,  and  for  the 

inement     of    per-   i  any    city 


36  CHAP.  VI.     POWERS  Ol-   CITY   COUNCILS. 

ordinance,  and  to  make  rule.--  and  regulations  for  the  govern- 
ment of  the  same,  and  to  appoinl  necessary  jailers  and 
keepers;  and  to  use  the  county  jail  for  the  confinement  or 
punishment  of  offenders,  subject  to  such  conditions  as  are 
imposed  by  law.  and  with  the  consent  of  the  board  of 
a  iunty  commissioners. 

206x62.     Cruelty    to    animals.     To    prohibit     cruelty     t<' 

animals. 

206x63.  Nuisances.  To  declare  what  shall  he  a  nuis- 
ance, and  t<>  abate  the  same,  and  t<>  impose  fines  upon  parties 
who  may  create,  continue.  <>r  suffer  nuisances  to  exist. 

206x64.     Health   and    quarantine.     To    make    regulations 

to  secure  the  general  health  of  the  city,  t<>  prevent  the  in- 
troduction i  if  contagious,  infectious,  or  malignant  diseases 
into  the  city,  and  to  make  quarantine  laws  and  enforce  the 
same  within  the  corporate  limits,  and  within  twelve  miles 
thereof.  To  create  a  board  of  health  and  prescribe  the 
powers  and   duties   .if   the   same. 

206x65.  Cemeteries  and  hospitals.  To  purchase,  hold, 
and  pay  for  the  lands  within  or  without  the  corporate  limits 
for  the  burial  of  the  dead;  and  all  necessary  grounds  for 
hospitals,  and  to  have  and  exercise  police  jurisdiction  over 
the  same,  and  over  any  cemetery  used  by  the  inhabitants 
of  --aid  city:  and  In  survey,  plat,  map,  fence,  ornament,  and 
in  otherwise  improve  all  public  burial  and  cemetery  grounds, 
and  to  convey  cemetery  lots  owned  by  said  city,  and  pass 
rules  ami  ordinances  for  the  protection  and  governing  of 
--aid    grounds. 

206x66.  Births  and  deaths.  To  regulate  the  burial  of 
the  dead  and  the  registration  of  births  and  deaths:  to  direct 
the  returning  and  keeping  of  bills  of  mortality,  and  to 
impose  penalties  on  physicians,  sextons,  and  other--  For 
default    therein. 


VP    VI.     POV\  ERS  I  »F   Cm    • 

206x67.     Estrays.     To   regulate  or   | » t- . . 1 1 1 1 > i t    the   running 
at   large,  within  the  limits  of  the  city,  horses,  mult 
cattle,  swine,  sheep,  II   kinds  of  poultry; 

;tablish  a  pound  and  appoinl  a  pound-keeper  and  pre 
scribe  his  duties,  and  to  distrain  and  impound  animals  run- 
ning at  large,  and  to  provide  for  tin-  sale  ol  the  same  in 
the  same  manner  provided  by  the  laws  of  the  state  for 
the  -alt-  of  estrays  and  trespassing  animals.  The  : 
rising  from  the  sale  of  such  animal-,  alter  the  payment  of 
all  costs,  shall  go  to  the  city  treasury  to  be  disposed  "t' 
ording  to  law, 

206x68.     Dogs.     To    license,    tax,  or    prohibit 

the  keeping  of  dogs,  and  to  authorize  t!  m  of  the 

same  when  at  large,  contrary  to  ordinani 

206x69.     Packing    houses,    etc.     To    direcl    the    location 
ami   regulate   the   management   and   construction   of   packing 
houses,  tanneries,  canneries,  renderies,  bone 
tcr   houses,   butcher   shops,    soap   factories,    foundries,   brew- 

.    distilleries,    livery    stables,    and    blacksmith    -h"|>»    in 
and  within  one  mile  of  the  limits  of  the  corporation. 

206x70.     Offensive     trade.     To    prohibil     any    offensive, 

nn\>.  ilishment    in   and    within 

mile  of  the  limits  of  the  corporation;   t"  compel   the  <.wner 

privy,  '>arn.  corral,  -ewer,  or  other  unwhole- 

■  ir  place,  love 

tin  id  to  re{  ion  then 

206x71.     Census.     To  provii  iking  the  i  but 

er   than 

■ 

206x72.     Public  buildings.  For  the 

building 


58  CHAP.  VI.     POWERS  OF  CITY   COUNCILS. 

206x73.  Annoying  amusements.  To  prevent  or  regulate 
the  rolling  of  hoops,  playing  of  ball,  flying  of  kites,  riding 
of  bicycles  or  tricycles,  or  any  other  amusements  or  prac- 
tice having  a  tendency  to  annoy  persons  passing  in  the 
streets,  or  on  sidewalks,  or  to  frighten  teams  or  horses. 

206x74.  Lumber  yards,  etc.  To  regulate  or  prohibit 
the  keeping  of  any  lumber  yard,  and  the  placing  or  piling 
i ir  celling  of  any  lumber,  timber,  wood,  or  ■  >t her  combustible 
material  within  the  fire  limits  of  the  city. 

206x75.  Water  works.  Fire  signals.  To  purchase,  con- 
struct, lease,  rent,  manage,  and  maintain  any  system  or  part 
of  any  system  of  water  works,  hydrants,  and  supplies  of 
water,  telegraphic  fire  signals,  or  fire  apparatus,  and  to 
pass  all  ordinances,  penal  or  otherwise,  that  shall  be  neces- 
sary for  the  full  protection,  maintenance,  management,  and 
control  of  the  property  so  leased,  purchased,  or  constructed. 

206x76.  Public  libraries.  To  establish,  maintain,  and 
regulate  free  public  libraries  and  reading  rooms,  as  provided 
by  law,  and  to  perpetuate  such  free  libraries  and  reading 
rooms  as  may  have  been  heretofore  established  in  said  cities. 

206x77.  Processions.  To  regulate  or  prohibit  all  pub- 
lic demonstrations  and  processions  which  interfere  with  the 
public  traffic. 

206x78.  Burial  of  indigent  dead.  To  provide  for  the 
burial  of  the  indigent  dead,  and  to  pay  the  expenses  thereof. 

206x79.  Education.  To  authorize  the  taking  and  to 
provide  for  the  safe  keeping  and  education,  for  such  periods 
of  time  as  may  be  expedient,  of  all  children  who  are  desti- 
tute of  proper  parental  care. 

206x80.  Inspection  of  liquor.  To  regulate  the  inspec- 
tion cil   malt,   vinous,  fermented   and  spirituous  liquors 


CHAP.  VI.     POWERS  OF  CITY   COl  [LS. 

206x81.  Street  tax.  To  provid<  h\  ordinance  for  the 
annual  levy  and  collection  of  a  street  tax  to  be  assessed 
upon  the  property,  real  and  personal,  within  the  city,  which 
tax.  it  levied  and  collected,  shall  be  in  lieu  of  the  tax 
provided  for  in  the  sub.  3  of  sec.  253.  Said  tax  shall  not  in 
any  one  year  exceed  one-half  of  one  per  cent,  and  -hall  be 
expended  for  the  opening,  widening,  grading,  and  improving 
of  the  streets,  sidewalks,  avenues,  and  alleys  of  the  city. 

206x82.     Street  noises.     To  prevenl   the  ringing  of  bells. 

ihl;  of  horns,  and  bugles,  crying  of  goods  by  auctioneers 

and  others,  and  the  making  of  other  noises,  for  the  purpose 

of   business,   amusement,    or   otherwise,    and    to   prevent    all 

performances  and  devices  tending  i<'  tin-  collection 

the  streets  or  sidewalks  of  the  city. 

206x83.  Fastening  Animals.  To  compel  persons  to  fas- 
ten animals  attached  to  vehicles  standing  or  remaining  in 
the   -i  iv 

206x84.     Official     bonds     and     reports.     To     require     all 
municipal   officers  and  agents,  elected  or  appointed,   to 
bond   and  security  for  the  faithful  performance  of  their  du- 
require   from    every   officer  of  tl  .   at    any 

time,   a    report    in    detail    of  all    transactions    in    his   o 
any   matters  connected   therewith. 

206x85.     Create  offices.  Provide  for  Vacancies. 

my   office   that    may   be   deemed    necessary   for   the    § 

he  city,  and  t"  provide   For  all   vacancies  in 
ivc    and    appointive    offio  regulate    and    prescribe 

tlie   ;  and   compensation   of  all 

as  otherwisi  lw. 

206x86.     License  and  taxes.  enue  b}  levying 

and  collecting  a  ticei  on   any   priv; 

hin   the  limit-  of  th<  late 


60  CHAP.  VI.     POWERS  OF  CITY  COUNCILS. 

the  same  by  ordinance.  All  such  license  fees  and  taxes  shall 
be  uniform  in  respect  to  the  class  upon  which  thev  are 
imposed. 

206x87.  Ordinances.  To  pass  all  ordinances  and  rules. 
and  make  all  regulations,  not  repugnant  to  law.  necessary 
for  carrying  into  effect  or  for  discharging  all  powers  and 
duties  conferred  by  this  Act,  and  such  as  are  necessary  and 
proper  to  provide  for  the  safety,  and  preserve  the  health, 
and  promote  the  prosperity,  improve  the  morals,  peace,  good 
order,  comfort,  and  convenience  of  the  city  and  the  inhabit- 
ants thereof,  and  for  the  protection  of  property  therein:  anil 
to  eiifi  nee  obedience  to  such  ordinances  with  such  Fines  or 
penalties  as  the  city  council  may  deem  proper;  provided, 
that  the  punishment  of  any  offense  shall  be  by  a  fine  in  any 
sum  less  than  $300  or  by  imprisonment  nut  to  exceed  six 
months,  or  by  both  such  fine  and  imprisonment. 

Approved  March  20th.  1911. 

206x.  City  council  may  require  tracks  of  railway  com- 
pany to  be  removed.  The  city  council  of  any  city  shall 
have  the  power  to  require  the  tracks  of  an}-  steam  or  street 
railway  company  to  be  taken  up  and  removed  which  shall 
have  been  laid  Upon  the  streets,  alleys,  or  highways  of  the 
city,  and  which  tracks  remain  in  said  streets,  alleys,  and 
highways  of  the  city  contrary  to  the  terms  of  the  franchise 
cf  the  company,  or  which  are  declared  by  the  city  council 
a  nuisance,  or  which  said  railway  company  has  tailed  to 
operate  for  a  period  of  nine  months  prior  to  the  time  when 
such  nuisance  shall  be  declared,  and  -hall  have  the  power 
to  declare  any  of  the  acts  specified  in  this  section   a  nuisance. 

206x1.  May  require  gates.  The  city  council  of  any  city 
shall  have  power  to  require  any  steam  or  street  railway 
compan)  to  plan  gates  at  any  place  along  it--  tracks,  and 
is    hereby    authorized    to    designate    the    places    where    such 


CHAP.  VI.     POW  CILS. 

gates   shall   be  placed,  and   the  nature,  kind,  and  qualitj    i  I 
such  gates, 

206x2.     Purchase  or  lease  of  waterworks.  Condemnation. 
That    it    shall    be    lawful    for    the    cit)    council    or    board    i  I 
trustees   of   an)    city   or   town   in   this    state   to   purchasi 
lease   all    or    an)    pan    of    an)    water,       ater*     rks    sysl 
water    supply,    bonds,    stocks,    i>r    propert)    connected    tl 
with:  or    whenever   such    city   council    or    board   of   trusti 
shall  deem  it  necessary  for  the  public  good,  the)   shall   ha   i 
the    right    to    bring   condemnation    proceedings    to    condemn 
water,    water    rights,    and    all    rights    and    privileges    of    any 
person    "r   corporation;    provided,    that    in    all    condemnation 
proceedings,  the  value  of  all  land  mu;  onsidered  in 

nection  with  said  water  or  water  rights  used  for  the  purpi  se 
of   supplying   any   city   or   town,  or   the    inhabitants   then    I 
with    water;   provided,   that    if,    within    thirty    days   after     '• 
passage   and    publication    of    a    resolution    or   ordinance 
the  purchase,  or  lease,  or  condemnation  herein  provided, 
third    of    tlie    resident    taxpayers    of    any    city    or    town, 
-hewn  by   th.    assessment   roll   thereof,   -hall   protesl  I 

the   purchase,   or    lease,   "r   condemnation    proceedings    i 
templated,  then  said  proposed  purchase    lease,  or  condei      i 
t i< in  shall  he  referred  to  a  special  election  and  if  confii 
by   a    majorit)    vote    thereat,   shall    take    effect;   otherwisi     il 
shall  be  void. 

206x3.     What  unlawful.     Revenues.      It  shall  not  I"    la 
iiil   for  any   city  nr  town   to  r    purchase   any    pat 

sueli  waterworks  less  than  the  wholi  leasi 

unless   the   contract    thereof   shall    pi  thai    the   cit 

town   shall   have  control   thereof,  and   that   the   nil    rev< 
therefrom   shall   be  divided   proportionate   t>>  the   in  t  <  t  •    I      I 
all    parties   thereto;   and    said   contract    shall   also   provide    i 
list    of   water   rates   t.i   be   enforced   during    the   term   of   such 
contr; 


62 


CHAP.    VI.     TOWERS   OF   CITY   COUNCILS 


207.  Powers  to  be  enforced  by  ordinance.  When  by 
this  title  power  is  conferred  upon  the  city  council  to  do 
and  perform  any  act  or  thing,  and  the  manner  of  exercising 
the  same  is  not  specifically  pointed  out,  the  city  council 
may  provide  by  ordinance  the  manner  and  details  necessary 
for  the  full  exercise  of  such  power. 


I  IIAP    VII.      ACTIONS    FOR    VIOLATIONS.  63 

CHAPTER   VII. 
ACTIONS  FOR  VIOLATIONS  OF  ORDINANCES. 

208.  Actions  in  corporate  name.     All  actions  brought  to 
ver  any   fine  or  to  enforce  any  penalty  under  any  ordi 

nance   of   any    city   shall    be   brought    in    the   corporate   name 
of    the    city    as    plaintiff:    and    no    prosecution,    recovery,    or 
acquittal    f<>r   the   violation   of   any   such   ordinance   shall   con 
stitut(  ense  to  an}  other  prosecution  of  the  same  person 

for  any  other  violation  of  any  such  ordinance,  although  the 
different  causes  of  action  existed  at  the  same  time  and  if 
united  would  not  have  exceeded  the  jurisdiction  of  a  justice 
of  the  peace. 

209.  Money  paid  into  treasury.  All  Fines  and  forfeit- 
ure-- for  the  violation  of  ordinances,  and  all   money  collected 

licenses  or  otherwise,  shall  be  paid  into  the  treasury 
of  the  corporation  at  such  times  and  in  such  manner  as 
may  be  prescribed  bj  ordinance. 

210.  Pleading  and  imprisonment.  In  all  actions  for 
the  violation  of  any  ordinance,  it  shall  be  sufficient  if  the 
complaint  refer  to  the  title  and  section  of  the  ordinance 
under  which  such  action  is  brought.  Any  person  upon  whom 
.m\  fine  or  penalty  shall  be  imposed,  may.  upon  the  order 
of  the  court  before  whom  the  conviction  is  had,  be  com- 
mitted to  the  county  jail  or  the  city  prison,  or  to  such  other 
place   as   may   be   provided   by  the   citj    for   the   incarceration 

ffenders  until  such  fine,  penalty,  and  costs  shall  be 
fully  paid. 

211.  Imprisonment  at  labor.  The  city  council  shall 
have    power    to    provide    by    ordinance    that    every    person    so 

mitted    shall    he    required    to    work-    for    the    corporation 


64  CHAP.    VII.      ACTIONS    FOR    VIOLATIONS. 

at  such  labor  as  his  strength  will  permit,  not  exceeding 
eight  hours  each  working  day ;  and  for  such  work  the  per- 
son so  employed  shall  be  allowed  one  dollar  for  each  day's 
work  on  account  of  such  fine  and  costs. 

212.  Serving  process.  Arrests.  Any  constable  or  sheriff 
of  a  county  may  serve  an}-  process  or  make  any  arrest  auth- 
orized to  be  made  by  any  city  officer. 

ACTION  AGAINST  CORPORATION. 

212x.     Complaint    against     corporation.     A     corporation 

violating  any  of  the  provisions  of  a  city  ordinance  may  be 
complained  against  the  same  as  a  natural  person. 

212x1.     Summons.    Whenever  complaint  is  made  against 
a  corporation   for   violation   of  a  city  ordinance,   a   summons 
shall  be  issued  thereon,  substantially  in  the  following  form: 
State  of  Utah. 
County  of 

In    the Court,    in    and    for    the    City    of 

G  tunty  of 

City, 


Summons. 

The  State  of  Utah,  to  the  (naming  the  corporation): 

You  are  hereby  summoned  to  be  and  appear  before  the 

above  entitled  court  at  the  courl  room  thereof,  on  the 

day  of at   the   hour   of o'clock.  ..  . m.,    then 

and  there  to  answer  a  charge  made  against  you  upon  the 
complaint  of for  (designating  the  of- 
fense in  general  term^i.  a  copj  of  which  complaint  is  hereto 
attached. 


\r    VII       ACTIONS    FOR    VIOLATIONS.  65 

I  >ated  this day  of lf».  . .  . 

Witness 

The    1  [onorable 

Judge  of  said  court. 

Clerk. 

I! \ Deputy    Clerk. 

In  courts  having  a  clerk  the  summons,  with  a  copy  ol 
the  complaint  attached,  shall  be  signed  by  the  clerk  then 
and  in  courts  having  no  clerk  the  summons  shall  be  signed 
by  the  judge  or  justice  thereof. 

212x2.  Id.  Service.  The  summons  and  cop)  of  com- 
plaint must  be  served  at  least  twenty-four  hours  before  the 
hour  of  appearance  Fixed  therein,  by  delivering  to  and  lca\ 
ing  a  copy  thereof  with  the  president  "i"  other  head  of  said 
corporation,  or  to  the  secretary,  cashier,  or  managing  agent 
thereof,  and  by  showing  to  him  the  original  summons. 

212x3.  Corporation  must  appear.  At  the  time  ap- 
pointed in  the  summons,  the  corporation  must  appear.  h\ 
■:i  or  attorney,  and  plead  thereto,  the  same  as  a  natural 
person  In  case  no  appearance  is  made  on  or  before  the 
hour  appointed,  the  court  may  issue  a  bench  warrant  for 
tlte  person  served  as  the  officer  or  agenl  of  said  corpora- 
tion, requiring  him  to  he  brought  forthwith  before  the  court 
to  plead  on  behalf  of  said  corporation. 

212x4.  Time  for  hearing.  After  the  plea  of  the  cor- 
poration i-  entered  the  court  must  fix  a  time  for  the  hear- 
ing of  thi  and  thereafter  the  proceedings  in  said  cause 
shall  he  the  same  as  in  cas  natural  persons  charged 
with  violating  a  city  ordinance;  except  that,  in  cases  of 

I'ti.  the  penalty  imposed  in  all  instances  shall  he  by  way 
of   fine. 

212x5.  Judgment  collected.  Whenever  a  fine  and  costs, 
either  or  both,   shall   be   imposed   upon    a   corporation,   upon 


66  CHAP.  VII.     ACTIONS   FOR  VIOLATIONS. 

conviction,  for  a  violation  of  a  city  ordinance,  judgment 
therefor  may  be  collected  on  execution  issued  out  of  the 
court  in  the  same  manner  as  an  execution  in  a  civil  action. 

CITY  ATTORNEY  TO   PROSECUTE  APPEALS. 

212x6.  City  attorney  to  prosecute  appeals.  Whenever 
a  criminal  action  for  the  violation  of  a  city  ordinance  is 
appealed  to  the  district  court  for  the  county  in  which  such 
city  is  situated,  it  shall  be  the  duty  of  the  city  attorney  of 
such  city  to  appear  and  prosecute  said  action  in  the  district 
court. 

212x7.  City  to  pay  costs.  Whenever  a  criminal  action 
arising  out  of  the  violation  of  a  city  ordinance  is  tried  on 
appeal  in  the  district  court  for  the  county  in  which  such 
city  is  situated,  the  per  diem  and  mileage  of  witnesses  for 
the  prosecution  shall  be  paid  out  of  the  city  treasury  of  the 
city  in  which  such  action  originated. 


(  HAP.    VIII.      OFFICERS.  67 


CHAPTER    VIII. 

OFFICERS— POWERS     \\n    DUTIES. 

213.  Certain  city  officers  to  be  elected.  Appointive 
officers.  In  all  cities  of  the  State,  excepl  eities  of  the  first 
and  second  class,  there  shall  be  elected  in  addition  to  the 
mayor  and  city  councilmen,  a  city  recorder,  a  city  treasurer; 
provided,  that  in  cities  of  the  third  class,  the  cit)  recordei 
shall  be  ex  officio  city  auditor  and  shall  perform  the  duties 
of  such  office  without  extra  compensation  therefor;  provided 
further,  in  cities  of  'he  third  class  a  city  marshal  and  i 
city  justice  of  the  peace  shall  he  appointed  by  the  ma  i  I 
subject  to  the  confirmation  of  the  city  council  on  or  bei 
the  first  Monday  of  February  following  a  municipal  election, 
whose  term  of  office  shall  be  for  two  years,  or  until  re 
moved  for  cau-c:  provided  further,  that  in  cities  having  .1 
population  of  over  15,000  the  office  of  city  justice  of  the 
peace  is  hereby  abolished  and  no  election  for  said  office  shall 
be  held.  In  all  cities  of  the  first  class  in  this  State  then- 
shall  he  elected  at  large  a  mayor  and  four  commission 
who  shall  constitute  the  board  of  commissioners  of  the  city 
for  which  they  are  elected,  and  there  shall  also  he  elected  a 
city  auditor.  In  all  cities  of  the  second  class  m  this  State 
there  shall  he  elected  at  large  a  mayor  and  two  commis 
sioners,  who  shall  constitute  the  hoard  .if  commissioners 
of  the  city  for  which  they  are  elected,  and  there  shall  also 
be  elected  a  city  auditor.  In  cities  of  the  first  and  second 
class,  the  office  of  mayor  and  city  councilman  a-  now  pro- 
vided by  law  are  hereby  abolished,  and  no  election  shall 
he  held  for  said  offices,  nor  shall  any  election  he  held  for 
the  office  of  city  recorder,  city  treasurer,  or  city  attorney, 
and  the  term-  of  -aid  respective  officers  in  -aid  cities  of  the 
iirst  and  second  class  shall  terminate  and  cease  on   the   first 


68  -P.    VIII.      OFFICERS. 

Monday  in  January,  1912,  at  12  o'clock  meridian.  All  elect- 
ive officers  shall  hold  their  respective  offices  for  the  term 
I  >r  which  they  are  elected,  and  until  their  successors  are 
elected  and  qualified.  Every  elective  officer  'if  cities  of  the 
first  and  second  class  shall,  within  thirty  days  after  quali- 
fying, file  with  (he  city  recorder  and  publish  at  least  once  in 
a  daily  newspaper  of  general  circulation  within  the  city,  the 
sworn  statement  of  all  of  his  election  and  campaign  expenses, 
and  by  whom  such  funds  were  contributed.  Upon  failure 
so  to  do.  the  office  of  said  officer  shall  become  vacant,  and 
he  shall,  upon  failure  so  to  do,  be  guilty  of  a  misdemeanor. 

214.  Appointment  of  city  officers.  In  cities  of  the  first 
and  second  class,  the  board  of  commissioners  shall  appoint  a 
qualified  person  to  each  of  the  offices  of  city  recorder,  city 
treasurer  and  city  attorney,  who  shall  have  such  powers  and 
I*  rform  such  duties  as  are  now  provided  by  law  for  such 
officers,  and  they  may  create  any  other  office  that  may  lie 
decried  necessary  for  the  good  government  of  the  city,  and 
i  g  date  and  prescribe  the  powers,  duties  and  compensation 
of  all  officers  of  the  city,  except  as  otherwise  provided  by 
law.  The  board  of  commissioners  may  appoint  all  such  _ 
officers  and  agents  a-  may  be  provided  for  by  law  or  ordi- 
nance and  fill  all  vacancies  occurring  therein.  In  cit ic- 
of  the  third  class  the  mayor,  by  and  with  the  advice  and 
consent  of  the  council,  may  appoint  all  such  officers  and 
agents  as  may  be  provided  for  by  law  or  ordinance,  and  in 
like  manner  fill  all  vacancies  among  the  same,  except  as 
otherwise  provided  by  law;  provided  that  elective  officers 
shall  have  the  sole  right  to  appoint  all  their  deputies  and 
assistants,  who  shall   be  confirmed  by  the  city  council. 

215.  Id.  Terms.  Except  as  otherwise  provided  by 
law,  the  term  of  office  of  all  appointive  officers  shall  be 
until  the  municipal  election  next  following  their  appoint- 
ment and  until  their  successor-  are  duly  appointed  and 
qualified,   unless   sooner   removed    l>y   tin;   board   of   commis- 


\r     VIII.      i  RS  69 

sioners  of  cities  of   the   first    and   second   class,   or   in   ci 
of  the  thin!  class  by  the  mayor,  with  the  concurrence  of  a 
majority  of  the  members  of  the  city  council,  or  by  the  city 
council  with  the  concurrence  of  the  mayor. 

216.  Oath.  Bond.  All  officers  of  any  city,  whether 
elected  or  appointed,  shall,  before  they  enter  upon  the 
duties  of  their  respective  offices,  take  and  subscribe  the 
constitutional  oath  of  office,  and  every  such  officer  shall, 
before  entering  upon  the  duties  of  his  office,  execute  a  bond 
with  good  ami  sufficient  sureties  to  be  approved  by  the 
mayor,  payable  to  tin-  city  in  such  penal  sum  as  may.  1>\ 
resolution  or  ordinance,  be  directed,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office,  and  the 
payment  of  all  moneys  received  by  such  officer  according  to 
law  and  the  ordinances  of  said  city;  provided  that  the  bond 
■  ■I  tlie  mayor  shall  lie  approved  by  tin-  city  council:  pro- 
vided, further,  that  the  treasurer's  bond  shall  he  fixed  at  a 
sum  not  less  than  the  amount  of  the  whole  tax  for  the  cur- 
rent   year;    provided    further,    that    in    cities    of    the    first    and 

rid  class  the  mayor  and  each  commissioner  shall  give  a 
penal    bond    with    approved    corporate    surety    in    the    sum    of 

'*>,  atid  the  auditor  in  cities  <<i  the  firsl  and  second 
class  -hall  give  a  penal  bond  with  approved  corporate  surety 
in  the  sum  of  $20,000,  conditioned  as  above,  to  he  filed  with 
the  recorder  and  approved  by  the  board  of  commissioners, 
and  that  the  bond  of  all  other  officers  of  cities  of  the  first 
ami  second  class  shall  he  filed  with  the  recorder  and  ap- 
provi  I  of  commissioners  of  such  cities.     The 

premium  charged  by  corporate  surety  for  any  official  bond 
shall  he  a  legal  charge  against  the  funds  of  the  city. 

218.  Additional  bonds.  The  hoard  of  commissioners  in 
cities  of  the  first  and  second  class  and  the  city  council  in 
other  cities  may  at  any  time  require  further  and  additional 
bonds  of  any  or  all  officers  elected  and  appointed.  All 
bonds  given  by  the  officer-  of  anj   city,  exce| 


7.  CHAP.    VIII.      OFFICERS. 

provided  by  law,  shall  be  filed  with  the  recorder,  except 
the  bond  of  the  recorder,  which  shall  be  filed  with  the 
treasurer. 

219.  Malconduct.  In  case  the  mayor  or  any  municipal 
officer  shall,  at  any  time,  wilfully  omit  the  performance  of 
any  duty,  or  wilfully  and  corruptly  be  guilty  of  oppression, 
malconduct,  or  misfeasance  in  office,  he  shall  be  liable  to 
indictment,  and,  on  conviction  thereof,  fined  in  a  sum  not 
exceeding  $1,000,  and  the  court  under  which  such  conviction 
shall  be  had  shall  enter  an  order  removing  such  officer  from 
office ;  nor  shall  he  be  eligible  to  any  municipal  office  there- 
after. 

220.  Delivery  to  successor.  Every  officer  of  the  city 
shall,  within  five  days  after  notification  and  request,  deliver 
to  his  successor  in  office  all  properties,  books,  and  effects 
of  every  description  in  his  possession  belonging  to  the  city 
or  appertaining  to  his  said  office;  and,  upon  his  refusal  to 
do  so,  shall  be  liable  for  all  damages  caused  thereby  and  to 
such   penalty  as   may  be  by  ordinance   prescribed. 

221.  Who  not  eligible  to  office.  Xo  person  shall  be 
eligible  to  any  office  who  is  not  a  qualified  elector  of  the 
city;  nor  shall  any  person  be  eligible  to  any  office  who  is 
a  defaulter  to  the  corporation. 

222.  Officer  not  to  be  interested  in  contract.  Accept- 
ance of  franks.  Free  service,  etc.,  prohibited.  Xo  officer  of 
any  city,  town  or  municipal  corporation  shall  be  directly  or 
indirectly  interested  in  any  contract,  work  or  business  or  in 
the  sale  of  any  article,  the  expense,  price,  or  consideration 
of  which  is  paid  from  the  treasury,  or  by  any  assessment 
levied  by  any  act  or  ordinance,  nor  in  the  purchase  of  any 
real  estate  or  any  other  property  belonging  to  the  corpora- 
tion or  which  shall  be  held  for  taxes,  or  assessments,  or  by 
virtue  of  legal  process,  at  the  suit  of  said  corporation,  mayor. 


CHAP     VIII.      I  '1  1ICERS.  71 

or  other  officer  of  said  city,  town,  or  municipal  corporation, 
and  no  officer  or  employe  of  any  city,  town,  or  municipal 
corporation  shall  accept  or  receive  directly  or  indirectly  from 
any  person,  firm  or  corporation  operating  within  the  terri 
tonal  limits  of  said  city,  any  railroad.  mterurban  railroad, 
street  railroad,  gas  works,  water  works,  electric  light  or 
power  plant,  heating  plant,  telegraph  line,  telephone  ex- 
change, or  other  business  using  or  operating  under  a  public 
franchise  any  frank,  free  ticket  or  free  service  or  accept 
or  receive  directly  or  indirectly  from  any  such  person,  firm 
or  corporation  any  other  service  upon  terms  more  favorable 
than  is  granted  to  the  public  generally.  Any  violation  of 
the  provisions  of  this  section  shall  be  a  misdemeanor  and 
every  such  contract  or  agreement  shall  Ik-  void.  Such  pro- 
hibition of  free  transportation  shall  not  apply  to  policemen 
i  rem  en  in  uniform,  nor  shall  any  free  service  i"  any  city 
officer-  or  to  the  municipal  corporations  heretofore  provided 
by  any  franchise  be  affected  by    this  section. 

223.  Id.  Bribery.  Penalty.  Any  officer  of  the  city 
or  member  of  the  city  council  who  shall,  by  himself  or  agent, 
become  a  party  t..  or  in  any  way  interested  in  any  contract 
work  or  letting,  under  the  authority  of  the  city,  or  who  shall, 
either  directly  or  indirectly,  by  himself  or  another,  accept 
or  receive  any  valuable  consideration  or  promise  for  his 
influence  or  vote,  shall  be  fined  in  any  sum  not  exceeding 
$1,000.  one-half  of  which  shall  go  to  the  informer  and  Un- 
balance be  paid  into  the  city  treasury  by  the  officer  collect- 
ing "r  receiving  the  same,  and  said  contract  shall  be  null 
and   \ 

224.  Holding  more  than  one  office.  In  cities  of  the 
first  and  of  the  second  class,  no  mayor,  councilman,  re- 
corder, or  treasurer  shall  hold  any  other  office  under  the 
city  government  during  his  term  "f  office. 


72  (HAP.     VIII.       OFFICERS. 

225.  Salaries.  Each  member  of  the  board  of  commis- 
sioners of  cities  of  the  first  class  shall  receive  the  sum  of 
$3600  per  annum  as  compensation  for  his  services.  Provided, 
that  the  mayor  of  such  cities  shall  receive  the  sum  of  $4200 
per  annum  for  his  services,  and  the  auditor  in  cities  of  the  first 
class  shall  receive  the  sum  of  $2400  per  annum  as  compen- 
sation for  his  services.  Each  member  of  the  board  of  com- 
missioners of  cities  of  the  second  class  having  more  than 
20.000  inhabitants,  shall  receive  the  sum  of  $3600  per  annum 
as  compensation  for  his  services;  provided,  that  the  mayor 
in  such  cities  shall  receive  a  salary  of  $4200  per  annum  for 
his  services,  and  the  auditor  in  such  cities  of  the  second 
class  shall  receive  the  sum  of  $2400  per  annum  as  compen- 
sation for  his  services.  Each  member  of  the  board  of  com- 
missioners of  cities  of  the  second  class  having  less  than 
20,000  inhabitants,  shall  receive  not  less  than  $500  nor  more 
than  $1500  per  annum,  as  compensation  for  his  services; 
provided,  that  the  mayor  in  such  cities  shall  receive  a  salary 
of  not  less  than  $600  or  more  than  $2000  per  annum  for  his 
services,  and  the  auditor  in  such  cities  of  the  second  class 
shall  receive  not  less  than  $300  nor  more  than  $1200  per 
annum  as  compensation  for  his  services.  All  other  officers  of 
cities  of  the  first  and  second  class  and  all  officers  of  other 
cities  shall  receive  such  compensation  as  may  be  fixed  by 
ordinance ;  but  the  compensation  of  any  of  such  elective 
officers  shall  not  be  increased  or  diminished  to  take  effect 
during  the  time  for  which  any  such  officer  was  elected.  The 
compensation  of  all  city  officers  shall  be  paid  monthly  out 
of  the  city  treasury.  The  city  council  of  the  several  cities 
of  the  second  class  having  less  than  20,000  inhabitants  shall, 
at  least  fifteen  days  before  the  primary,  fix  by  ordinance, 
within  the  limits  above  provided,  the  salaries  of  the  elective 
officers  to  be  elected  at  the  next  municipal  election  in  said 
cities  and  biennially  thereafter;  the  board  of  commissioners 
for  said  cities  shall  by  ordinance  fix  the  salaries,  within 
said  limits,  of  the  elective  officers  to  be  elected  at  the  next 
municipal  election. 


CHAP.    \  i  ii    OF]  ICERS  73 

226.  Councilman  not  to  hold  created  office.  No  mem- 
ber "i  any  city  council  shall  hold  or  inted  to  any 
office  which  shall  have  been  created,  or  the  salary  or  emolu- 
ments "i  which  shall  have  been  increased  while  he  was  a 
member,  during  the  term  for  which  he  was  elected  and  for 
one  year  after  the  expiration  of  such  term. 

227.  Defining  duties  of  officers.  The  duties,  powers, 
and  privileges  of  all  officers  in  any  way  connected  with  the 
city  government  not  herein  defined  shall  l>e  defined  by  the 
city  council,  and  the  defining  by  this  title  of  the  duties  of 
city  officers  shall  ti"t  preclude  the  city  council  from  defining 
by  ordinance  further  and  additional   duties   to  be   performed 

n  v  such  officer. 


74  CHAPTER  IX.     CITY  RECORDER. 

CHAPTER    IX. 
CITY   RECORDER. 

228.  Office,      where.     Keep      records.     Certify      copies. 

The  city  recorder  shall  keep  his  office  at  the  place  of  meet- 
ing of  the  city  council,  or  some  other  place  convenient 
thereto,  as  the  council  may  direct.  He  shall  keep  the  cor- 
porate seal  and  all  papers  and  records  of  the  city,  and  keep 
a  record  of  the  proceedings  of  the  city  council,  whose  meet- 
ings it  shall  be  his  duty  to  attend.  Copies  of  all  papers 
filed  in  his  office,  and  transcripts  from  all  records  of  the 
city  council  certified  by  him  under  the  corporate  seal,  shall 
be  evidence  in  all  courts,  as  if  the  original  were  produced. 

229.  Countersign  contracts.  He  shall  countersign  all 
contracts  made  in  behalf  of  the  city,  and  every  contract 
made  in  behalf  of  the  city  or  to  which  the  city  is  a  party 
shall  be  void  unless  signed  by  the  recorder. 

Termination  of  Office.  S.   L.   1911,  Sec.  213,  p.  228. 
Office   Appointive,   S.    L.    1911,   Sec.   214,   p.   223-229. 
Duties,    Sec.    868x7.    868x8,    913,    S.    L.    1911,    p.   240. 
Sec.  58-59   Liquor   Law.   supra,   S.   L.    1911,   Chapter   106. 
Sec.  3    Liquor    Law,    supra,   S.    L.    1911,    Chapter    106. 

Sec.  9   Liquor   Law.   supra,   S.   L.    1911,   Chapter   106. 

Sec.  11  Liquor  Law.  supra.  S.  L.  1911,  Chapter  106. 
Sec.  52  Liquor  Law,  supra.  S.  L.  1911,  Chapter  106. 
Sec.  54  Liquor  Law,  supra.  S.  L.  1911,  Chapter  106. 
Sec.       254,   C.   L.,   1907. 


\!\  X.    CITY  AUDIT!  >R  75 

CHAPTER    X. 

I   I  !Y   AUDITOR. 

230.     Duties  in   relation   to   finance.     City  auditor.     The 
city  auditor,   in   cities   having   an   auditor,   and    in   all   other 

case-  the  city  recorder,  -hall  draw  and  countersign  all  orders 
upon  the  treasurer  in  pursuance  of  any  order  or  resolution 
of  the  city  council,  and  keep  a  full  and  accurate  account 
t hereof  in  books  provided  for  that  purpose;  shall  make  to 
the  city  council  from  time  to  time,  upon  the  order  of  the 
ncil,  reports  of  the  financial  condition  ,,f  the  city;  shall 
make  and  keep  a  lisl  of  outstanding  bonds,  to  whom  issued, 
for  what  purpose,  when  and  where  payable,  and  the  rate 
of  interest  they  respectively  bear,  and  recommend  such 
action  to  the  city  council  as  shall  secure  the  payment  of 
the  principal  and  interest  of  such  bonds;  -hall  report  annu- 
ally, on  or  before  the  first  day  of  June,  to  the  city  council, 
an  estimate  of  the  expenses  of  the  city  and  of  the  revenue 
-.  t"  he  rai-ed  for  the  current  year;  shall  keep 
regular  books  of  account  in  which  he  shall  enter  all  in- 
debtedness of  the  city,  and  which  shall  at  all  times  show 
the  financial  condition  of  the  city,  the  amount  of  bonds, 
orders,  certificates,  or  other  evidences  of  indebtedness  issued 
by  the  city  council,  the  amount  of  all  bonds,  orders,  certifi- 
cates, or  other  evidences  of  indebtedness  which  have  b 
redeemed,  ami  the  amount  of  each  outstanding;  shall  keep 
accounts  with  all  receiving  and  disbursing  officers  of  the 
city,  showing  the  amount  they  have  received  from  the  dif- 
ferent sources  of  revenue  and  the  amount  which  they  have 
disbursed  under  the  direction  ,,f  the  city  council;  shall 
amine  all  reports,  books,  papers,  vouchers,  and  account 
the  city  treasurer;  shall  audit  all  claims  and  demands  against 
the  city  before  they  are  allowed  by  the  city  council;  and 
shall   keep  a   record  of  claims   presented  ami   the  action   of  the 


76  CHAP.   X.     CITY   AUDITOR. 

council  thereon;  and  shall  perform   such  other  duties  as  the 
city  council  may  provide  by  ordinance. 

231.  Financial  statement  of  cities  to  be  published  annu- 
ally. Contents.  The  city  auditor,  in  cities  having  an  audi- 
tor, and  in  all  other  cases  the  city  recorder,  shall  prepare 
and  publish,  on  or  before  the  first  Monday  in  February  of 
each  year,  in  some  newspaper  having  a  general  circulation 
in  the  city,  a  detailed  statement  of  the  financial  condition 
of  the  city,  and  of  all  the  receipts  and  expenditures  for  the 
previous  year,  ending  December  31st;  provided,  that,  upon 
the  expiration  of  his  term  of  office,  and  before  his  successor 
enters  upon  his  duties,  said  auditor,  or  recorder,  shall  make 
and  prepare  said  statement,  properly  attested,  for  the  use 
and  benefit  of  his  successor  in  office,  showing: 

1.  The  total  receipts  of  the  city,  stating  particularly 
the  source  of  each  portion  of  the  revenue : 

2.  The  amount  of  cash  on  hand  at  the  date  of  the  last 
report ; 

3.  The  amount  of  sinking  fund,  and  how  invested; 

4.  The  number,  date,  and  amount  of  every  bond  issued 
or  redeemed,  and  the  amount  received  or  paid  therefor; 

5.  The  indebtedness  of  the  city,  funded  and  floating. 
stating  the  amount  of  each  class  and  the  rate  of  interest 
borne  by  such  indebtedness  or  any  part  thereof; 

6.  The  amount  of  cash  in  the  city  treasury,  and  in  its 
several    funds  ; 

7.  The  total  expenditures  of  the  city,  as  shown  by  the 
warrants  issued,  giving  in  total  the  amount  expended  in  each 
department. 

Garnishment   served   upon,  3113x1. 

Certification  of  Bonds  and  Warrants,  Sees.  146,  147.   14S.   149. 
Auditor — Qualification,  Sec.   183,  S.   L.,   Chapter   125.^ 
Auditor — How    Chosen.    Sec.    184,    S.    L.,    Chapter    12S. 
Auditor — Vacancy,    Sec.    197.    S.    L.,    Chapter    125. 
Auditor — Oath — Bond,  Sec.  216,  S.  L.,   Chapter   125. 
\uditor— Salary,  Sec.  225,  S.   L.,   Chapter   125. 
Auditor — Nomination   and    Election,   Sec.   913,    S.    L.    1911.    p.    241 1 


I  HAP     XI.     CITY    TREASURE  R  77 

CHAPTER   XI. 

CITY  TREASURER. 

232  Duties,  generally.  The  city  treasurer  shall  receive 
all  money  belonging  to  the  city,  including  all  taxes,  licenses, 
and  fines,  and  keep  an  accurate  and  detailed  account  thereol 
in  -uch  a  manner  as  provided  in  this  title,  or  as  the  city 
council  from  time  to  time  may  by  ordinance  direct,  and  he 
shall  colled  special  taxes  and  assessments  as  provided  hy 
law  and  ordinance,  lie  shall  make  a  settlement  with  the 
recorder,  or  auditor,  as  the  council  may  direct,  at  the  end 
of  ever)  month,  and  turn  over  all  warrants,  interest  coupons. 
bonds,  or  other  evidence  oi  thi  indebtedness  of  the  city 
which  may  have  Keen  redeemed  by  him  during  the  month, 
taking  the  receipts  <<i  the  re<  rder,  or  auditor,  therefor,  and 
all    such    warrants,    orders.  ther    evidence    of    indebted 

tie--  shall  he  canceled  by  him  an      lave   written  or  stamped 
thereon    the   date    of    their    p  or    redemption. 

233.  Payments.  lie  -hall  pay  no  monej  out  save  upon 
lawful  warrant,  except  b  interesl  coupons,  which, 
when   due,   may   be   paid   up'             -entation,  or   in   case   the 

same    are    payable   at    some   other    place,    then    the    money    for 
their    redemption    -hall    he    senl    t(     the    place    where    the 
payable  in  time  to  meet   such  til    when  due. 

234.  Warrants  paid  in  order        Ml  warrant-  -lull  I,, 

in   the  order  in   which   they  shall  I.  and   the   t'reas 

urer  shall  n<  ite  up'  'ti  the  bacl  n  i  ant  present!  d  to  him 

the  dati    of  such  presentatii  n  tnd    when  payment    i-   made. 
the   date   of   such    payment:  \    that    any    warrant    shall 

he  paid  by  the  treasurer  in  ca  enl  amount  of  rm 

-hall    remain   in   the   treasury   •■  lay   all   warrants   issued    I 
ious   •■     such  warrant. 


78  CHAP.    XI.      CITY    TREASURER. 

235.  Receipts.  The  treasurer  shall  give  every  person 
paying  money  to  the  city  treasury  a  receipt  therefor,  spec- 
fying  the  date  of  payment  and  upon  what  account  paid : 
and  he  shall  also  file  the  duplicate  of  such  receipt  with  the 
auditor,  or  recorder,  as  the  council  may  direct,  at  the  date 
of  his  monthly  report. 

236.  Public  money  to  be  kept  separate.  The  treasurer 
shall  keep  all  money  belonging  to  the  city  separate  and  dis- 
tinct from  his  own  money.  Whenever  it  shall  appear  to 
the  mayor  that  the  treasurer  is  making  profit  out  of  public 
money,  or  is  using  the  same  for  any  purpose  not  authorized 
by  law.  he  shall  suspend  him  from  office,  and  upon  his  con- 
viction for  such  offense  his  office  shall  become  vacant. 

237.  Reports.  Registry  of  warrants.  The  treasurer 
shall  report  to  the  city  council  at  such  times  as  may  be 
prescribed  by  ordinance,  giving  a  full  and  detailed  account 
of  all  receipts  and  expenditures  since  his  last  report,  and 
the  state  of  the  treasury.  He  shall  also  keep  a  registry  of 
all  warrants  redeemed  and  paid  during  the  year,  describing 
such  warrants,  their  date,  amount,  number,  the  fund  from 
which  paid,  and  the  person  to  whom  paid,  specifying  also 
the  time  of  payment.  And  all  such  warrants  shall  be  exam- 
ined by  the  city  council  at  the  time  of  making  such   report. 

238.  Special  funds.  All  moneys  on  any  special  assess- 
ment shall  be  held  by  the  treasurer  as  a  special  fund,  to  be 
applied  to  the  payment  of  the  improvement  for  which  the 
assessment  was  made,  and  said  money  shall  be  used  for  no 
other  purpose  whatever. 

Sec.  8,   S.   L.   1911,   Chap.   106. 

Additional    duties,    special    taxes,    Chap.    16. 

City   Scrip,    Chap.   7. 

Special    Tax    Fund,    Chap.    18. 


I  HAP.    XII       CITY    ENGINEER.  79 

CHAPTER  XII. 

CITY  ENGINEER. 

244x.  City  engineer's  office,  office  of  record.  Custodian. 
The  city  engineer's  office  in  cities  of  the  first  and  second 
class  is  hereby  created  an  office  of  record  for  all  maps,  plans, 
plats,  profiles,  drawings,  deeds,  dedications,  final  estimates, 
specifications,  and  contracts,  which  in  any  way  relate  to  the 
affairs  of  the  city.  The  city  engineer  shall  be  custodian  of, 
and  must  keep,  all  the  drawings  and  documents  above  men- 
tioned  on  file  and  record. 

244x1.  Supplies.  Records  and  files.  The  city  engi- 
neer's office  shall  be  supplied  with  all  necessary  books,  cases, 
and  supplies  for  recording  ami  filing  as  herein  required.  The 
city  engineer  shall  record  and  file  all  drawings  and  docu- 
ments pertaining  to  public  lands  and  improvements  of  cities 
of  the  first  and  second  class:  and  those  made  in  his  office 
shall  be  placed  on  record  as  soon  as  completed,  and  shall 
then  be  open  for  public  inspection,  and  any  person  copying 
the  same,  or  taking  notes  therefrom,  may  do  so  in  pencil 
only.  He  shall  keep  the  records  and  files  in  good  condition 
and  turn  the  same  over  to  his  successors  in  office.  He 
shall  allow  no  alteration,  mutilation,  or  changes  to  be  made 
in  any  matter  of  record  and  shall  be  held  strictly  account- 
able for  same. 

244x2.  Must  not  enter  on  record  until  fees  are  paid. 
The  city  engineer  shall  not  record  any  drawings  or  instru- 
ments, or  file  any  papers  or  notices,  or  furnish  any  copies, 
or  render  any  service  connected  with  his  office  until  the  fees 
for  same  are  paid  or  tendered  as  prescribed  by  law  or 
ordinance. 


80  CHAP.    XII.      CITY    ENGINEER. 

244x3.     Seal.     The  city  engineer  shall  be  provided   with 

a  seal  by  the  city  for  his  use  containing  the  words  " 

City,  Utah.     Enginnering   Department."     Said   seal   shall    be 
affixed  to  every  certification  or  approval. 

244x4.  Shall  not  conflict.  The  recording  or  filing  of 
any  drawing  or  instrument  in  the  city  engineer's  office  shall 
not  interfere  or  conflict  in  any  way  with  the  recording  or 
filing  of  same  in  other  offices  of  record. 

244x5.  Penalty.  Any  city  engineer  who  fails  to  comply 
with  the  preceding  sections  shall  be  guilty  of  a  misdemeanor 


CHAP.   XIII.     MARSHAL   AND   POL1CK  81 

CHAPTER  XIII. 
MARSHAL  AND  POLICE. 

245.  Chief  of  police.  Duties.  The  chief  of  police  shall 
in  the  discharge  of  his  duties  have  like  powers,  and  be  sub- 
ject to  like  responsibility  as  sheriffs  and  constables  in 
similar  cases;  and  he  shall  suppress  riots,  disturbances,  and 
breaches  of  the  peace,  ami  apprehend  all  persons  committing 
any  offense  against  the  laws  of  the  state  or  the  ordinances 
of  the  city.  And  at  all  times  he  shall  diligently  and  faith- 
fully  discharge   his   duties   and    enforce   all   ordinances   and 

ilations    of    the    city    for    the    preservation    of    peace    and 
:   order,  and   the   protection   of  the   rights   and   property 
of  all   persons. 

13,    44.   45.   4c   47.    Chap.   106,   S.   L.    1911 

246.  Police    officers.     Powers    and    duties.     All     police 
ers  of  any  city  shall  possess  the  powers  conferred  upon 

constables  by  law.  They  shall  execute  and  serve  all  war- 
rants, process,  commitments,  and  all  writs  whatsoever,  issued 
by  the  city  justice  of  the  peace.  It  shall  be  the  duty  of  the 
police  force  in  any  city  at  all  times  to  preserve  the  public 
-.  prevent  crime,  detect  and  arrest  offenders,  suppress 
riots,  protecl  persons  and  property,  remove  nuisances  exist- 
ing in  the  public  streets,  roads,  and  highways,  enforce  every 
law  relating  to  the  suppression  of  offenses,  and  perform  all 
duties  enjoined  upon  them  by  ordinan 

247.  Id.  Arrests.  The  several  members  of  the  police 
Force  shall  have  power  and  authority  without  process  to 
arre-t  and  take  into  custody  any  person  who  shall  commit 
or  threaten  or  attempt  to  commit  in  the  presence  of  such 
officer,  or  within  his  view,  any  breach  of  the  peace,  or  any 
offense  directly  prohibited  1>\  the  laws  of  t hi>  by 
am   ordinan 


82  CHAP.    XIII.      MARSHAL   AND   POLICE. 

249.  Bail  commissioners.  The  mayor  of  any  city  in 
this  state  may,  by  and  with  the  consent  of  the  city  council, 
appoint,  from  among  the  officers  and  men  in  the  police  de- 
partment of  said  city,  one  or  more  discreet  persons,  to  be 
known  as  bail  commissioners,  who  shall  have  and  exercise 
all  the  powders  which  are  now,  or  hereafter  may  be,  conferred 
by  law  upon  justices  of  the  peace  or  judges  of  the  city  court 
in  respect  to  the  fixing  of  bail  of  persons  arrested  within  the 
corporate  limits  of  said  city  for  misdemeanors  under  the 
laws  of  this  state,  or  for  violation  of  the  city  ordinances, 
and  taking  and  approving  the  same ;  provided,  that  any  per- 
son who  has  been  ordered  by  any  such  bail  commissioner  to 
give  bail  may  deposit  the  amount  thereof  in  money  with 
such  bail  commissioner. 

249x.  Id.  Receipt  for  moneys.  In  addition  to  their 
duties  in  respect  to  the  fixing  of  bail,  bail  commissioners 
shall  have  power  on  non-judicial  days,  and  after  the  hour 
of  five  o'clock  p.  m.  and  before  the  hour  of  nine  o'clock 
a.  m.  on  judicial  days,  to  collect  and  receipt  for  moneys, 
tendered  in  payment  of  the  fine  of  any  person  serving  sen- 
tence, in  default  of  the  payment  of  such  fine.  All  moneys 
collected  by  bail  commissioners  shall  be  accounted  for  at 
least  once  a  month  to  the  clerk  of  the  city  court  in  cities 
where  such  court  exists ;  and  in  cities  where  such  court  does 
not  exist,  then  such  accounting  shall  be  made  to  the  city 
treasurer,  or  to  the  county  treasurer  in  respect  to  cases 
arising  under  state  laws. 

250.  Id.  Oath  and  bond.  Commissioners  appointed 
under  this  title  shall  serve  at  the  pleasure  of  the  mayor; 
they  shall  receive  no  compensation  as  such,  and,  before  enter- 
ing upon  their  duties  as  bail  commissioners,  shall  take  and 
subscribe  an  oath  to  faithfully  and  impartially  discharge 
the  duties  of  their,  office,  and  shall  give  bond  to  the  city 
wherein  they  are  appointed,  with  two  good  and  sufficient 
individual   sureties,  or  with  a   single   corporate   suretv   to  be 


CHAP.   XIII.     MARSHA1     AND    P 

approved  by  the  mayor,  which  bond  shall  be  in  the  sun 
$2,500,    conditioned    for    the    faithful    performance    of    their 
.  I  tit  it-   as   such   commissioners,  and   that   they   will   well 
mil v    account    for   and    turn    over    to    the    clerk    of    the    city 
court,  in  cities  where  such  court  exists,  or  to  the  tr  asurei 
of  their  respective  cities  or  counties,  as  the  case  may  b< 
-ucli    times    as    may    be   designated    by    the    city    council,    all 
moneys,    bon.U.    property,    and    records    coming    into    their 
hands  as  such  commissioners,  and  that,  at   the  expiratii  i 
their  term   ol    office,   they   will    surrender  and   turn   over   as 
aforesaid    all    funds,    bonds,    property,    papers,    and    records 
pertaining   to    their   respective   offices,   then   in    their   hand-. 
Suit    upon   an)    such   bond   may    be   broughl    by   any   county, 
city,  or  person  injured 

251.     Id.     Filing.     The    oaths    of    office    and    bonds 
commissioners  shall  be  filed  with  the  city  recorders 
their  respective  cities. 

251x0.     Notices    of    Election.     Form.     At     least    twenty 
days   previous   to  any   election   hereunder,  the   city   recorder, 

■i  clerk  or  county  clerk,  as  the  case  may  he,  shall  deliver 

he  chief  of  police,  marshal,  or  other  chief  peace  officer  of 
-aid   city  or    town,   or    sheriff  of   any   county,   as   least   t' 
notices  of  the   election    for  each   voting  district   in   said   city, 
town  or  county  unit.     Said  notice  -hall  be  substantially  in  the 

wing  form : 

LIQUOR   ELECTN  >X  NOTK  E 

Notice  i-  hereb)   given  that  on  Tuesda)   the 

day   of   June.    19 an    election    will    be    held    to    determine 

whether   the   -ale  of  intoxicating  liquors   -hall   be  allow  r 
prohibited    in     i  here    insert    the    name    of    tin-    city,    town 
county    unit)    which    said    election    will    be    held    at    7 
in    the    morning    and    -hall    continue    until    7    o'clock    m    tin 
afternoon  of  said  dav. 


84  XIII      MARSHAL  AND  POLICE. 

Dated  this dav  of 19. 


(City  Recorder,  Town  Clerk  or  County 
Clerk  of  the  City,  Town  or  County  of 
Utah.) 

It  shall  be  the  duty  of  the  chief  of  police,  marshal  or 
other  chief  peace  officer  of  such  city  or  town  or  sheriff  of 
any  . county,  at  least  twelve  days  before  an}'  election  here- 
under to  cause  said  notices  to  be  posted  in  public  places  in 
the  vicinity  of  the  polling-  place  or  places. 

Thereupon  the  city  recorder,  town  clerk,  or  county  clerk, 
as  the  case  may  be,  and  the  chief  of  police,  marshal  or  other 
chief,  peace  officer  or  sheriff  of  any  count}  shall  each  file 
with  the  city  council,  board  of  trustees  or  board  of  county 
commissioners,  a  brief  statement,  under  oath,  of  their  com- 
pliance with  the  provisions  of  this  section ;  such  statement 
shall  be  entered  in  the  records  of  the  city  council,  board  of 
trustees  or  board  of  county  commissioners,  and  such  records 
shall  be  prima  facie  evidence  that  all  the  provisions  of  this 
section  have  been  fully  complied  with. 


\!'     XIV.      POLICE    ANP    FIRE    DEPTS.  ?5 

CHAPTER   XIV. 

I'<  (LICE    \\'1>  FIRE  DEPARTMENTS. 

251x.  Council  may  create  and  maintain.  That  the  city 
council  of  each  city  of  12,000  and  more  inhabitants  in  i  In- 
state is  hereby  authorized  to  create,  support,  maintain,  and 
control  a  police  department  and  a  fire  department  in  their 
respective  cities. 

251x1.     Police    department.     The    police    department    of 
each   city   of   12,000  and   more   inhabitants  of  this   State   shall 
consisl  of  .1  head  of  the  department  and  such  officers,  men 
employes,  and  agents  as  the  city  council  of  said  cities  may 
by  ordinance  prescribe. 

251x2.  Fire  department.  The  tire  department  of  each 
city  of  12,000  and  mure  inhabitants  of  this  State  shall  consisl 
of  a  head  of  the  department,  and  such  officer-,  men.  em- 
ployes, and  agents  as  the  city  council  of  said  cities  maj  bj 
ordinance  prescribe. 

251x3.     Mayor    to    appoint    heads    of    departments.      The 

mayor  of  each  city  of   12,000  and   more   inhabitants  of   this 

State  shall,  with   the  advice  and  consent  of  the  city  council. 

appoint   such   heads  of  said   department,  and   in    like   manner 

fill  all   vacancies  in   the  same. 

214.  I  5.  L.   1911. 

124,    -     I.     1911. 

251x4.  City  council  to  provide  number  of  each  depart- 
ment and  fix  salaries.  The  city  council  of  cities  of  U.ihmi 
.unl  more  inhabitants  shall  have  full  power  to  provide  b} 
ordinance  the  number  ami  grade  of  officers,  men,  employes, 
and  agents  in   each  department,  and   then  tive  salai 


86  CHAP.    XIV.      POL'ICE    AND    FIRE    DEPTS. 

and  to  increase  or  decrease  the  number  of  officers,  men, 
employes,  and  agents  in  each  department,  and  at  any  time 
to  increase  or  decrease  the  salaries  to  be  paid.  In  case  the 
city  council  shall  at  any  time  decrease  the  number  of  officers, 
men,  employes,  or  agents  of  either  of  said  departments,  the 
head  of  such  department  shall  immediately  remove  such 
number  of  officers,  men,  employes,  or  agents  as  are  re- 
quired to  comply  therewith. 

251x5.  Police  officers'  powers.  All  police  officers  and 
policemen  shall  possess  the  powers  conferred  upon  con- 
stables by  law ;  they  shall  execute  and  serve  all  warrants, 
process,  commitments,  and  all  writs  whatsoever  issued  by 
the  city  justice  of  the  peace. 

251x6.  Head  of  department  to  appoint  subordinates. 
Removals.  The  head  of  each  department  shall,  by  and  with 
the  advice  and  consent  of  the  city  council  and  approval  of 
the  mayor,  appoint  all  subordinate  officers,  employes,  men, 
or  agents  in  his  department,  and  in  like  manner  fill  all 
vacancies  in  the  same.  Any  subordinate  officer,  employe, 
man,  or  agent  may  at  any  time  be  removed,  without  cause, 
and  without  charges  being  preferred,  and  without  a  trial, 
hearing,  or  opportunity  to  be  heard,  by  the  head  of  either 
department,  with  the  consent  of  the  council,  or  by  the 
mayor,  with  the  consent  of  the  city  council,  whenever  in 
their  opinion  the  good  of  the  service  will  be  subserved 
thereby,  and  the  same  shall  be  final  and  conclusive,  and 
shall  nut  be  reversed  or  called  in  question  before  any  court. 
The  city  recorder  shall  forthwith  notify  in  writing  the 
removed  person  of  his  removal,  and  it  shall  not  be  necessary 
to  state  any  cause  for  such  removal,  and,  from  the  time  <>t 
such  notification,  the  person  so  removed  shall  not  in  any 
case  be  entitled  to  any  salary  or  compensation  whatsoever. 
See   Sec.   214,   Chap.   125,  S.    L.    1911. 

251x7.  Heads  of  departments,  removal  of.  The  heads 
of  the  police  or  fire  departments  of  such  cities  may  at   any 


I  ti  \r     XIV       POLICE    AND    FIRE    DEP  87 

time  be  removed  without  cause,  and  without  charges  being 
preferred,  ami  without  a  trial,  hearing,  or  opportunity  to 
be  heard,  by  the  mayor,  with  the  consent  of  the  city  council, 
whenever  in  their  opinion  tin-  good  of  the  service  will  lie 
subserved  thereby.  Hie  action  of  the  mayor  and  of  the  city 
council  in  removing  the  head  of  cither  department  shall  It 
final  and  conclusive,  and  shall  not  he  reviewed  or  called  in 
question  before  any  u-nri.  The  city  recorder  shall  forth- 
with notify  in  writing  the  removed  head  of  either  of  said 
departments  of  his  removal,  and  it  shall  not  he  necessary  t" 
-tale  anv  cause  for  such  removal,  ami,  from  the  time  oi 
-uch  notification,  tin-  person  so  removed  shall  not  in  an} 
case   in-   entitled   to  anv    -alary   or   compensation    whatever. 

251x8.  Subordinates  may  be  suspended.  The  head  of 
h  department  may  at  any  lime  suspend  any  subordinate 
officer,  employe,  man.  .  >r  agent  employed  therein,  when  in 
his  judgment  the  good  of  the  service  demands  it.  for  a 
period  of  time  not  exceeding  fifteen  days,  and,  during  the 
time  of  such  suspension,  the  person  or  persons  so  suspen 
shall  not  he  entitled  to  anv  salary  or  compensation  whatso- 
ever. 

251x9.     Council    to    prescribe    qualifications    and    duties. 
The   city   council   shall    have   the    power   by   ordinance    to    pre 
scribe  and  define  the  qualifications  and  duties  of  the  offii 
and  employes  of  said  departments. 

251x10.  Council  to  create  police  and  fire  departments. 
The  city  council  of  -aid  cities  of  12,000  and  more  inhabitants 
-hall,  within  fifteen  days  after  March  9,  1899, 
by  an  ordinance,  create  a  police  department  and  a  fire 
partment  to  comply  with  the  provisions  of  ;  251x  and 
;   251x4  of  this  chapter. 

251x11.     Mayor   to  appoint  heads   of  departments.      The 
ich    city  and    more    inhabitants    -hall 


88  CHAP.    XIV.      POLICE    AND    FIRE    DEPTS. 

forthwith  after  the  ordinance  referred  to  in  §  251x10  shall 
have  gone  into  effect,  appoint  and  submit  to  the  mayor  and 
city  council  for  their  confirmation  the  names  of  the  heads 
of  the  police  and  fire  departments,  and  the  head  of  each 
department  shall,  within  ten  days  after  having  been  ap- 
pointed, confirmed,  and  qualified  as  such,  submit  to  the 
mayor  and  city  council  for  confirmation  the  names  of  the 
subordinates  selected  by  him. 

General  appointive  power,  Sec.  214,   S.   L.  1911. 


CHAP.    XV.     GENERA1      l'AXl'S  89 

CHAPTER  XV. 
GENER  \L  TAXES. 

252.  Fiscal   year.     The    fiscal    year  of   cities   shall    i 
mence  on  the  1st   day  of  January. 

253.  Annual   tax.     During   the    month   of   July   of   each 
year,   the   city   council,   al    a   regular   meeting  thereof,   shall, 
by   ordinance   or   resolution,   levy    on    the   real   and   person; 
property  within  the  city  made  taxable  by  law: 

1.  Nol  to  exceed  five  nulls  on  the  dollar  to  defraj 
contingent  expenses ; 

J.  Not  to  exceed  ten  mill-  on  the  dollar  to  purchase 
water  sources,  streams,  and  the  land  upon  which  said  stream- 
are  appropriated,  and  canals;  to  construct  waterworks,  and 
to  supply  water  for  irrigation  and  other  purpose-; 

3.  Not  to  exceed  five  mills  on  the  dollar  to  open,  im- 
prove, and  repair  the  streets  and  sidewalks; 

4.  Not  to  exceed  five  mills  on  the  dollar  to  construct 
and  repair  sewers  and  drains; 

5.  Nol  to  exceed  ten  mills  on  the  dollar  to  construct 
and  maintain  gas  works,  electric  light  works,  telephone 
lines,  -treet   railway-,  or  bath  houses. 

254.  Certification  of  levy.  The  city  recorder  shall  cer- 
tify   the   ordinance    or    resolution    making   the    levy    to   the 

county    auditor,    or   clerk,    as    the    case    may    be.    immediately 
after  the  passage  of  the  same. 


90  CHAP.    XVI.      SPECIAL   TAXES. 

CHAPTER  XVI. 
SPECIAL  TAXES. 

255.  Local  improvements.  The  city  council  of  each 
city  in  the  state  of  Utah,  shall  have  the  following  powers : 
To  lay  out,  establish,  open,  alter,  extend,  widen,  and  improve 
streets,  alleys,  avenues,  sidewalks,  parks,  and  public  grounds, 
and  vacate  the  same ;  and  to  grade,  curb  and  gutter,  park 
and  beautify,  or  otherwise  improve  and  keep  in  good  repair, 
or  cause  the  same  to  be  done  in  any  manner  it  may  deem 
proper,  any  park,  street,  avenue,  or  alley  within  the  limits 
of  the  city;  and  may  grade  partially  or  to  the  established 
grade  or  park,  or  otherwise  improve  any  part  of  any  street, 
avenue  or  alley :  and  may  also  construct  and  repair,  or  cause 
and  compel  the  construction  and  repair  of  sidewalks  in  such 
city,  of  such  material  and  in  such  manner  as  it  may  deem 
proper. 

256.  Special  taxes.  Ordinary  repairs.  Paving  districts. 
To  defray  or  cause  to  be  defrayed  the  cost  and  expense  of 
such  improvements  or  any  of  them,  the  city  council  shall 
have  power  and  authority  to  levy  and  collect  special  taxes 
and  assessments  upon  the  blocks,  lots,  or  parts  thereof,  and 
pieces  of  ground  adjacent  to  or  abutting  upon  the  street, 
avenue,  alley,  or  sidewalk  thus  in  whole  or  in  part  opened, 
widened,  curbed  and  guttered,  graded,  parked,  extended,  con- 
structed, or  otherwise  improved  or  repaired,  or  which  may  be 
especially  benefited  by  any  of  said  improvements;  provided, 
that  the  above  provisions  shall  not  apply  to  ordinary  repairs  of 
streets  or  alleys,  and  that  one-half  of  the  expense  of  bringing 
streets,  avenues,  alleys,  or  parts  thereof  to  the  established 
grade  shall  be  paid  out  of  the  general  fund  of  the  city ;  and 
such  council  shall  have  power  to  pave,  repave.  or  macad- 
amize any  street  or  alley  or  part  thereof  in  the  city,  and  for 


*  HAP.    XVI       SPE(  I A 1      IW  91 

that   purposi  ite  suitable  paving  districts,  which   —  1 1  n  1 1 

be   consecutively    numbered,   such    work    to   be   done    under 
contract. 

Schools   exempt,  Sec.   1933,   C.   L.   1907. 

257.  Paving  taxes,  how  levied.  The  cost  of  paving, 
macadamizing,  or  repaving  of  the  streets  and  alloys  within 
any  paving  district,  except  the  intersection  of  streets  and 
space  Opposite  alleys  within  such  district,  shall  be  assessed 
upon  the  l'>ts  and  lands  abutting  upon  the  streets  and  alleys 
in  such  district,  in  proportion  to  the  square  feet,  or 
front,  or  both,  so  abutting  upon  such  streets  and  alleys. 

258.  Id.  When  delinquent.  Collection.  Supplemental 
assessment.  The  assessments  of  special  taxes  for  paving 
purposes  herein  provided  for  shall  be  made  as  follows:  The 
total  f  the  improvements  shall  be  levied  at  one  time 

■i    the   property,    and    become   delinquent    as    herein    pro- 
vided: one-tenth  of  the  total  amount   shall  be  delinquent   in 
fifty  days  after  such   levy,   one-tenth   in   one   year,  one-tenth 
in    two    years,    one-tenth    in    three    years,     'tie  tenth    in    four 
years,  one-tenth   in   five  years,  one-tenth   in   six  years,  one 
tenth    in    seven    years,   one-tenth    in    eight    years,    and 
tenth    in    nine    year-.       Each    of    -aid    instalment-,    except    the 
first,  shall  draw  interest   at   the  rate  of  seven   per  cent 
annum   from   the  time  of  levy  aforesaid   until   the  same  shall 
■ne    delinquent,    and    after    the    same    -hall    become    de- 
linquent,   interest    at     the    rate    of    ten    per    cent     per    annum 

shall   he   paid   thereon;  I  tal    •    >t    of   the   im- 

provements   shall    become    delinquent    at    such    time    and    in 
such   instalment-,   or    the   entire   sum    at    ..ne   time,   as   the 
council  of  such  city  may  prescribe;  hut  such  entire  sum  shall 
become  delinquent   in  a  less  time  than  one  year.     Such 
-    shall    be    collected    and    enforced    as    in    other    cases 
special   taxes,      [i  of  omission,   error-,   or   mistakes,   in 

making  such  assessment  or  levy  in  respect  <'i  the  total 
the  improvements,  or  deficiencies,  ..r  otherwi  -hall 


92  CHAP.    XVI.      SPECIAL    TAXES. 

be  competent  for  the  council  to  make  a  supplemental  assess- 
ment and  levy  to  supply  such  deficiencies,  omissions,  errors, 
or  mistakes. 

See   Sec.   282x7,   S.    L.    1909,   p.   45. 

259.  Intersections.  Duties  of  railway  companies.  The 
tost  of  paving,  macadamizing,  or  repaying  the  intersections 
of  streets  and  spaces  opposite  alleys  in  any  paving  district 
shall  be  paid  by  the  city  as  hereinafter  provided ;  but  noth- 
ing herein  contained  shall  be  construed  to  exempt  any  street 
railway  company  from  keeping  every  portion  of  every  street, 
avenue,  and  alley  used  by  it,  upon  or  across  which  its  tracks 
shall  be  constructed  at  or  near  the  grade  of  such  streets  in 
good  and  safe  condition  for  public  travel,  but  it  shall  keep 
the  same  planked,  paved,  macadamized,  or  otherwise  in  such 
condition  for  public  travel  as  the  city  council  of  such  city 
may  from  time  to  time  direct,  keeping  the  plank,  pavement, 
or  other  surface  of  the  street  or  alley  level  with  the  top  of 
the  rails  of  the  track  of  such  street  railway.  The  portions 
of  the  streets  or  alleys  to  be  so  kept  and  maintained  by  all 
such  street  railway  companies  shall  include  all  the  space 
between  its  different  rails  and  tracks  and  also  a  space  outside 
of  the  outer  rail  of  each  outside  track  of  at  least  two  feet  in 
width,  and  the  tracks  herein  referred  to  shall  include  not 
onlv  the  main  tracks  but  also  all  side  tracks,  crossings, 
and  turnouts  constructed  for  the  use  of  such  street  railways. 

260.  District  paving  bonds.  For  the  purpose  of  paying 
the  cost  of  paving,  macadamizing,  or  repaving  the  streets 
and  alleys  in  any  paving  district,  exclusive  of  the  intersec- 
tions of  streets  and  spaces  opposite  alleys  therein,  the  coun- 
cil shall  have  power,  and  may  by  ordinance  cause  to  be 
issued  bonds  of  the  city,  to  be  called  "district  paving  bonds 

of    district    number    "    payable    in    not    exceeding    ten 

years  from  date,  and  to  bear  interest,  payable  annually,  not 
exceeding  the  rate  of  six  per  cent  per  annum,  and  in  such 
case    shall    also   provide    that    said    special    taxes   and   assess- 


CH  \l\    XVI.     SPE(  i  \i      rAX  93 

ments  shall  constitute  a  sinking 'fund  for  the  paymenl  of 
said  bonds  and  interest,  and  said  bonds  shall  not  be  sold  for 
less  i.han  their  par  value;  provided,  that  the  entire  cost  of 
paving,  repaying,  or  macadamizing  any  such  streets,  avenues, 
or  alleys,  properly  chargeable  to  any  blocks,  lots,  or  lands, 
or  part  thereof,  within  any  such  paving  district  may  be  paid 
l>\  the  owner  of  such  has  or  lands  within  fifty  days  from 
the  levy  of  such  special  taxes  and  thereupon  such  lots  or 
lands  shall  be  exempt   from  any  lien  or  charge  therefor. 

261.  City  paving  bonds.  Whenever  the  council  deems 
it  expedient,  it  shall  have  power,  for  the  purpose  ^i  paying 
the  cost  of  paving,  repaying,  or  macadamizing  the  intersec- 
tions of  streets  and  spaces  opposite  alleys  in  the  city,  to 
rssuc  bonds  of  the  city,  to  run  not  more  than  twenty  years, 
and  to  bear  interest  payable  semi-annually  at  a  rate  not 
exceeding  six  per  cent  per  annum,  to  be  called  "paving 
bonds."  and  which  shall  not  In-  sold  for  less  than  their  par 
value,  and  the  proceeds  of  which  shall  be  used  for  no  other 
purpose  than  paying  the  cost  of  paving,  repaying,  or  ma- 
cadamizing the  intersections  of  streets  and  alleys  in  the  city; 
provided,  that  the  aggregate  amount  of  such  bonds  issued 
in  any  one  year  shall  not  exceed  the  sum  of  $100,000;  and 
if  in  an}'  such  city  there  shall  be  any  real  estate  not  subject 
I,,  assessment  of  Special  taxes  for  paving  purposes,  the  coun- 
cil shall  have  the  power  to  pave  in  front  of  the  same  an 
pay  the  COSt  thereof  that  would  otherwise  be  chargeable  on 
such  real  estate,  in  the  same  manner  as  herein  provided  for 
the  paving  of  intersections  of  streets  and  paying  therefor. 
The  word  "lot"  as  in  this  chapter  used  shall  be  taken  t'  > 
mean  an)  subdivided  real  estate.  The  word  "lands"  shall 
mean  any  unsubdivided  real  estate.     The   word    Street"  shall 

include  boulevard  and  ayenue. 

262.  Special  tax  according  to  benefits  accruing.  If  the 
lots  and  real  estate  abutting  upon  that  part  of  the  street 
ordered  paved,  repaved,  or  macadamized  as  shown   upon  any 


94  CHAP.    XVI.      SPECIAL   TAXES. 

recorded  plat  or  map  are  not  of  uniform  depth,  or  if  for  any 
ether  reason  it  shall  appear  just  and  proper  to  the  council, 
the  council  is  authorized  and  empowered  to  determine  and 
establish  the  depth  to  which  the  real  estate  shall  be  charged 
and  assessed  with  the  cost  of  the  improvement,  and  such 
depth  shall  be  determined  and  established  according  to  the 
benefits  accruing  to  the  property  by  reason  of  the  improve 
ment.  The  council  shall  include  in  the  paving  district  all 
the  real  estate  to  be  benefited  by  such  improvement,  and 
shall  cause  it  to  be  charged  and  assessed  with  the  cost  of 
such  paving  or  improvement  as  in  this  chapter  hereinafter 
provided.  The  provisions  of  this  chapter  in  regard  to. the 
depth  to  which  real  estate  may  be  charged  and  assessed, 
shall  apply  to  all  special  taxes  that  may  be  levied,  excejjt 
for  sidewalk,  in  proportion  to  the  front  or  square  feet. 

263.  District  curbing  and  guttering  bonds.  Whenever 
curbing,  or  curbing  and  guttering,  is  done  upon  any  street 
or  avenue  in  an}-  paving  district  in  which  paving  has  been 
ordered,  and  the  council  shall  deem  expedient  so  to  do,  it 
shall  have  power  and  authority,  for  the  purpose  of  paying 
the  cost  of  such  curbing  and  guttering,  to  cause  to  be  issued 
bonds  of  the  city,  to  be  called  "curbing  and  guttering  bonds 

of  paving  district  number   "  payable  in  not  exceeding 

ten  years  from  date,  and  to  bear  interest  payable  annually, 
not  exceeding  the  rate  of  six  per  cent  per  annum,  and  in 
such  case,  shall  assess  at  one  time  the  total  cost  of  such 
curbing  and  guttering,  or  curbing  as  the  case  may  be.  upon 
the  property  abutting  or  adjacent  to  the  portion  of  the  street 
or  avenue  so  improved,  according  to  special  benefits;  such 
assessment  to  bcome  delinquent  the  same  as  the  assess- 
ment of  special  taxes-  for  paving  purposes,  and  to  draw  the 
same  rate  of  interest  and  be  subject  to  the  same  penalties, 
and  may  be  paid  in  the  same  manner  as  special  taxes  for 
paving  purposes;  and  the  special  taxes  so  assessed  shall  con- 
stitute    a    sinking   fund   for   the   payment    of    said    bonds   and 


CHAP.    XVI.     SPECIAL    I  Wl  S  95 

interest,  and  said  bonds  shall  not  be  sold  for  less  than  their 
par  value. 

264.  Errors  not  to  avoid  tax.  Action  to  recover.  Cer- 
tain special  taxes  confirmed.  No  such  special  tax  shall  be 
declared  void,  nor  shall  any  such  assessment  or  part  thereof 
be    set    aside    in    conseqt  61    any    error   or    irregularity 

committed  or  appearing  in  an)  of  the  proceedings  uudci 
t lii -  chapter:  but  any  party  feeling  aggrieved  by  an)  such 
ial  tax,  assessment,  or  proceeding  may  pay  the  said 
special  taxes  assessed  or  levied  upon  his  property,  or  such 
instalments  thereof  as  may  be  due,  at  any  time  before  the 
same  shall  become  delinquent,  under  protest,  and  with  notice 
in  writing  to  the  city  treasurer  that  he  intends  to  sue  to 
recover  the  same,  which  notice  shall  particularly  state  the 
and  grounds  thereof,  whereupon  such 
party  shall  have  the  right  to  bring  civil  action  within  sixty 
day  thereafter,  and  not  later,  to  recover  so  much  of  the 
special  taxes  paid  as  he  shall  show  to  be  illegal,  inequitable, 
and  unjust,  the  cost  to  follow  the  judgment  to  be  appor- 
tioned by  the  court  as  may  seem  proper,  which  remedy  shall 
be  exclusive.  The  city  treasurer  shall  promptly  report  all 
such  notices  to  the  city  council  for  such  action  as  max  be 
proper.  Mo  court  shall  entertain  any  complaint  that  the 
party  was  authorized  t<>  make,  and  did  not  make,  to  the  city 
cuncil  sitting  as  a  board  of  equalization,  nor  any  complaint 
not  specified  in  said  notice  fully  enough  to  advise  the  city 
of  the  exact  nature  thereof;  n.  .r  any  complaint  that  does 
not  the  groundwork,   equity,  and 'justice  of   the   tax. 

The  burden  of  proof  to  -how  such  tax  or  part  thereof  invalid, 
inequitable,  or  unjust,  shall  rest  upon  the  party-  who  brings 
such  suit.  And  in  any  instance  where  such  special  tax,  or 
the    levy   or  lent    or    notice    thereof,   or   any 

proceeding  affecting  or  concerning  the  same  as  annulled, 

le,    or   declared    void,    either    in    whole    or    in    part,    by    any 
in  any  proceeding  whatsoever,  at  any  time  after  a 

tract   for  the  improvement  to  !>e  paid  for  l>y  said  sp< 


96  CHAP.    XVI.      SPECIAL    TAXES 

tax  is  let  or  entered  into,  or  at  any  time  after  work  on  such 
improvement  has  begun,  the  city  council  may  by  ordinance 
make  a  new  levy  of  such  tax  to  the  same  amount  and 
extent  as  such  original  tax  was  declared  invalid  or  was  an- 
nulled, whether  such  tax  was  held  void  for  jurisdictional  or 
other  defects  or  irregularities.  No  notice  of  such  ordinance 
need  be  given,  and  no  protest  against  the  same  need  be  con- 
sidered. All  special  taxes  heretofore  levied  or  attempted  to 
be  levied  in  cities  which  have  not  heretofore  been  adjudi- 
cated void,  and  all  notices,  assessments,  equalizations,  and 
proceedings  taken  in  relation  thereto,  whether  void,  defec- 
tive, or  valid,  in  all  cases  where  the  improvements  con- 
templated thereby  have  been  made  or  contracted  for.  are 
hereby  confirmed,  validated,  and  made  sufficient  to  the  same 
extent  as  if  the  same  were  perfect  in  the  first  instance. 

265.  Board  of  Equalization.  Whenever  the  city  shall 
levy  any  tax  under  the  provisions  of  this  chapter  in  cities 
other  than  cities  of  the  first  and  second  class,  the  city  coun- 
cil shall  appoint  a  board  of  equalization  and  review,  to 
consist  of  five  of  its  members.  In  cities  of  the  first  and 
second  class,  the  board  of  commissioners  shall  constitute  a 
board  of  equalization  and  review,  which  said  board  shall, 
upon  the  completion  of  the  list ^  of  property  in  any  of  the 
districts  taxed,  give  nublic  notice  of  the  completion  of  said 
lists.  Such  notice  shall  state  the  time  and  place  of  meeting 
of  said  board  and  the  same  shall  be  during  the  usual 
business  hours  and  for  not  less  than  five  consecutive  <lay>. 
and  during  the  time  specified  said  lists  shall  be  open  to 
public  inspection,  and  any  person  feeling  aggrieved  shall  have 
a  hearing  and  it  shall  have  authority  to  make  corrections 
of  any  tax  deemed  unequal  or  unjust. 

266.  Railways  to  pave  and  repair.  All  horse,  cable, 
steam,  electric,  or  other  railway  companies  now  existing  or 
hereafter  created  in  any  city  already  incorporated  or  here- 
after organized  shall  be  required   to  pave  or  repave  at   their 


\IV    XVI       SPE(  I  \1      I  VXES  97 

own  Ml    the    space    between    their    different    rails    and 

track-,  and  also  a  -pace  two  feet   wide  outside  qf  the  outer 

-  of  the  outside  track-,  and  the  tracks  herein  refei 
shall  include  not  only  the  main  track-  bul  also  all  side  tracks, 
crossings,  ami  turnouts  used  by  such  companies.  Where  two  or 
mure  companies  occupy  the  same  street  or  alley  with  separate 
tracks,  then  each  company  shall  be  responsible  for  its  ; 
portion  of  the  surface  of  the  street  or  alley  occupied  l>y  all 
the  parallel  track-  as  herein  required.  Such  paving  or 
repaving  by  such  railway  companies  shall  be  done  at  the 
same  time  and  shall  he  of  the  same  material  ami  character 
as  the  paving  or  repaving  ••!'  the  streets  or  alleys  upon 
which  said  railway  track  or  tracks  are  located,  unless  other 
material  he  specially  ordered  l>y  the  city  council  or  board 
of  public  works.  Such  railway  companies  -hall  be  required  to 
keep  that  portion  of  the  street  which  they  are  herein 
required  i"  pave  or  repave  in  good  and  proper  repair,  using 

-aid  purpose  the  same  material  as  the  streel  upon  which 
the  track  or  track-  are  laid  at  the  poinl  of  repair  "i  such 
other  material  a-  the  city  council  or  hoard  of  public  works 
may  require  and  order;  and  a-  streets  an'  hereafter  paved, 
<>r  repaved,  street  railway  companies  shall  he  required  to 
lay.  in  the  best  approved  manner,  a  rail  to  be  approved  bj 
the  city  council  or  the  hoard  of  public  works.  The  tracks  of 
all  railway  companies,  when  located  upon  the  streets  or 
avenues  of  the  city,  -hall  he  kept  in  repair  and  safe  in  all 
respects  for  the  use  of  the  traveling  public,  and  -aid  com- 
panies -hall  he  liable  for  all  damages  resulting  by  reason 
of  neglect  to  keep  such  track-  in  repair,  or  for  obstructing 
the  -treet^  or  avenui  ch  city.     For  injuries  to  persons 

or    property    arising    from    the    failure    of    such    company 

it-   track-   m    proper   repair   and    free    from    obstructions, 
such  ny    -hall    he    liable    and    the    city    -hall    he    exempt 

from  liability.    The  word  "companies"  a-  used  in  thi-  chapter 
shall  he  taken  to  mean  and  include  any  persons,  compan 
corporation-,  or  associations  owning  or  operating  an- 
railway  in  any  such  city. 


98  CHAP.    XVI.      SPECIAL   TAXES. 

267.  Id.  Levy  on  railroad.  In  the  event  of  the  refusal 
of  such  company  to  pave,  repave,  or  repair  as  required  in 
the  foregoing  sections,  when  so  directed  by  the  council, 
upon  the  paving  or  repaving  of  any  street  upon  which  their 
track  is  laid,  the  council  shall  have  power  to  pave,  repave,  or 
repair  the  same,  and  the  cost  and  expense  of  such  paving, 
repaving,  or  repairing  may  be  collected  by  levy  and  sale  of 
any  property  of  said  street  railway  company  in  the  same 
manner  as  special  taxes  are  now  or  may  be  collected. 
Special  taxes  for  the  purpose  of  paying  the  cost  of  any  such 
paving  or  repaving,  macadamizing,  or  repairing  of  any  such 
street  railway,  may  be  levied  upon  the  track,  including  the 
ties,  iron,  roadbed,  right  of  way,  side  tracks,  and  appur- 
tenances, including  buildings  and  real  estate  belonging  to 
any  such  company  or  person  and  used  for  the  purpose  of 
such  street  railway  business,  all  as  one  property:  or  upon 
such  parts  of  such  track,  appurtenances,  and  property,  or  any 
part  thereof,  as  may  be  within  the  district  paved,  repaved. 
macadamized,  or  repaired,  and  shall  be  a  lien  upon  the 
property  levied  upon  from  the  time  of  the  levy  until  satis- 
fied. No  mortgage,  conveyance,  pledge,  transfer,  or  incum- 
brance of  any  such  property  or  of  any  rolling  stock  or 
personal  property  of  any  such  company,  created  or  suffered 
hv  a  company,  after  the  time  when  any  street  or  part  thereof 
upon  which  any  street  railway  shall  have  been  laid,  shall 
have  been  ordered  paved,  repaved,  macadamized,  or  repaired, 
shall  be  made  or  suffered  except  subject  to  the  lien  of  such 
special   taxes,  if  such  levy  be  in   contemplation. 

268.  Seizure  and  sale.  The  city  treasurer  shall  have 
the  power  and  authority  to  seize  any  personal  property  be- 
longing to  any  such  person  or  company  for  the  satisfaction  of 
any  such  special  taxes  when  delinquent,  and  to  sell  the  same 
upon  advertisement  and  in  the  same  manner  a-  constables 
are  now  or  may  be  authorized  to  sell  personal  property, 
upon  execution  at  law :  but  failure  so  to  do  shall  in  no 
wise  affect  or  impair  the  lien  of  the  tax  or  any   proceeding 


CHAP.    XVI.     SPECIAL  TAXES.  99 

allowed  by  law  for  the  enforcement  thereof.  The  railroad 
tracks  or  any  other  property  upon  which  such  special  ta 
shall  be  levied,  or  so  much  thereof  as  may  be  necessary, 
may  be  sold  for  the  payment  of  such  special  taxes  in  the 
same  manner  and  with  the  same  effect  as  real  estate  upon 
which  such  special  taxes  may  be  levied,  may  be  sold. 

269.  Action  against  railway.  Defense.  It  shall  also  be 
competent  for  any  such  city  to  bring  a  civil  action  against 
any  party  owning  or  operating  any  such  street  railway, 
and  liable  to  pay  said  taxes,  to  recover  the  amount   thereof, 

iny  part  thereof  delinquent  and  unpaid,  in  any  court 
having  jurisdiction  of  the  amount,  and  obtain  judgment  and 
have  execution  therefor,  and  no  property,  real  or  personal, 
shall  be  exempt  from  any  such  execution;  provided,  that 
real  estate  shall  not  be  levied  upon  by  execution  except   by 

ution  out  of  the  district  court  on  the  judgmenl  therein, 
it  transcript  of  judgment  filed  therein,  as  is  now  or  hereafter 
may  be  provided  by  law.  No  defense  shall  he  allowed  in 
any  such  civil  action  except  such  as  goes  to  the  ground- 
work, equity,  and  justice  of  the  tax.  and  the  burden  of  proof 
shall  rest  upon  the  party  assailing  the  tax.  In  case  part  of 
such  special  tax  shall  be  shown  to  he  invalid,  unjust,  or 
inequitable,  judgment  shall  be  rendered  for  such  amount 
is  just  and  equitable. 

270.  Railway  tax  payable  in  instalments.  It  shall  be 
Competent    for    the    council,    upon    the    written    applic; 

any  company,  or  persons  owning  any  such  street   railway, 
provide  that  such  special  taxes  shall  become  delinquent  and 
be   payable   in    instalments,   as   in   case   of  taxes   levied    upon 
abbutting  real  es  hereinafter  provided,  l>ut   such  appli- 

cation   shall    be    taken    and    deemed    a    waiver   of   any    and    all 
ns    to    such    taxes    and    the    validity    thereof.      Such 
application  shall  be  made  at  or  before  the  final  levy  of  such 
taxes.     The  provision  of  this  chapter  in  regard  to  the  levy, 


100  CHAP.    XVI.      SPECIAL   TAXES. 

collection,  and  enforcement  of  special  taxes  to  pay  the  costs 
of  paving,  repaying,  macadamizing,  or  repairing  between  the 
rails  of  street  railways  shall  apply  to  such  special  taxes 
hereafter   levied. 

271.  Water,  gas,  and  sewer  connections.  The  council 
shall  have  power,  in  any  paving  district,  and  it  shall  be  its 
duty  before  the  work  of  paving  or  repaving  is  done  therein,  to 
require  water,  gas,  and  sewer  connections  to  be  made  under 
such  regulations  and  at  such  distances  from  the  street  mains 
to  the  line  of  the  property  abutting  upon  the  street  ordered 
paved  or  repaved  as  may  be  prescribed  by  ordinance,  and 
shall  require  that  such  water  pipe  connections  may  be  made 
by  any  waterworks  company  owning  the  waxer  pipe  main, 
and  that  such  gas  pipe  connection  may  be  made  by  any  gas 
pipe  company  owning  the  gas  pipe  main.  And  upon  neglect 
or  failure  of  the  water  or  gas  companies  to  do  the  same,  the 
city  council  or  board  of  public  works  may  cause  the  same 
to  be  done,  and  the  cost  thereof  shall  be  deducted  from  any 
indebtedness  of  the  city  to  such  companies,  and  no  bills  shall 
be  paid  to  the  said  companies  by  the  city  until  all  such 
expense  for  pipe  laying  shall  have  been  liquidated.  The 
council  shall  also  have  power,  at  any  time,  to  assess  the  cost 
of  any  sewer  connections  and  also  of  any  water  connections, 
when  the  city  owns  the  water  and  water  pipe  main,  upon 
the  property  opposite  such  connections,  and  to  such  depth 
as  the  council  shall  deem  just  and  equitable. 

272.  Limit  of  bonded  indebtedness.  Nothing  in  this 
chapter  shall  be  construed  or  held  to  authorize  any  city  to 
issue  bonds  of  the  city,  either  as  district  bonds,  for  paving 
the  streets,  or  for  paving  said  street  intersection--,  or  --paces 
opposite  alleys  in  said  city,  or  for  any  purpose  whatever  to 
any  amount  beyond  that  fixed  as  the  limit  of  the  bonded 
indebtedness  of  said  city  by  law. 

273.  Notice  of  intention  to  tax.  In  all  cases  before  the 
levy  of  any  taxes  for  improvements  provided  for  in  this  chap- 


CHAP.    XVI.     SPE(  I  \i     r  \\  lul 

iir,   the  city   council   shall   give   1 1  > •  t i c t-  of   intention   to   levy 
-ai'l  taxes,  naming  the   purposes  for  which   the  taxes  are  to 
In'   levied,   which   notice  shall   be   published   at    least    twi 
days  in  a  newspaper  published  within  such  city.    Such  no 
shall  describe  the  improvements  so  proposed,  the  boundaries 
of  the  district  to  be  affected  or  benefited  by  such  impn 
ments,  the  estimated  cost  of  such  improvements,  and  desig- 
nate a  time  when  the  council  will  consider  the  proposed  levy. 
If.   at    or   before    the   time    so    fixed,    written    objections    to 

i  improvements  signed  by  the  owner-  of  two-thirds  of 
the  front  feel  abutting  upon  thai  portion  of  the  street,  lane. 

•me.  or  alley  to  be  so  improved,   be   nol    filed   with   the 
recorder,  the  council  -hall  be  deemed  to  have  acquired 
diction  t,,  order  the  making  of  such  improvements. 

274.     Tax    to    be    equitable.     How    levied.     All     spi 
taxes  to  cover  the  cost   of  any   public   impi  herein 

authorized   shall   he  levied   anil   assessed   on   all   blocks, 
|>arts    of    blocks    and    lots,    lands,    ami    real    estate    bounding, 
abutting,   or   adjacent    to    such    improve!  within    the 

districts  created  for  the  purpose  of  making  such  improve- 
ment, to  the  extent  of  the  benefits  to  such  lots,  parts  of  lot-. 
lands,  and  real  estate  by  reason  of  such  improvement;  such 
benefits  to  be  equal  and  uniform.  Such  assessments  ma)  be 
uare  fool  or  fool  frontage,  and  ma)  be 
prorated  and  scaled  back  from  the  line  of  such  improvement 
and  an  allowance  made  for  corner  lots  SO  that  they  shall  not 
he  assessed  at   full   rate  on   both   sti  ccording  to   such 

rule-  as  the  council  shall  consider  fair  and  equitable;  and  all 
such  assessment  and  finding  "f  benefit-  -hall  not  be  sub 
to  review    in   any   legal   or   equitable   action,   except    for    fra 

-  injustice,  or  mistake;  provided,  that  when  any  public 
improvement  shall  extend  into  or  through  any  undivided  tract 
or  parcel,  or  parcels,  of  kind,  sail  -hall  be  levii 

Dot  inst    the  'ate    adjoining    such 

improvement   for  a  f  lepth   than   the  avei  ince 

through    the    subdivided    re.:  to   be    taxed    I 

purp 


102  CHAP.    XVI.      SPECIAL   TAXES. 

275.  Description  in  levy.  It  shall  be  sufficient,  in  any 
case,  in  making  a  levy  or  assessment  of  any  tax,  to  describe 
the  lot  or  piece  of  ground  as  the  same  is  platted  and 
recorded,  although  the  same  may  belong  to  several  persons ; 
but  in  case  any  lot  or  piece  of  ground  belongs  to  different 
persons,  the  owner  of  any  part  thereof  may  pay  his  propor- 
tion of  the  tax  on  such  lot  or  piece  of  ground,  and  his  proper 
share  may  be  determined  by  the  citv  treasurer. 

276.  Total  cost  in  one  levy.  The  cost  and  expense  of 
grading,  filling,  culverting,  curbing,  guttering,  or  otherwise 
improving,  constructing,  or  repairing  street,  avenues,  alleys, 
and  sidewalks  at  their  intersections,  may  be  included  in  the 
special  tax  levied  for  the  construction  or  improvement  of 
any  one  street,  avenue,  alley,  or  sidewalk,  as  may  be 
deemed   best  by  the   council. 

277.  When  levied.  Special  taxes  may  be  levied  as  the 
improvements  are  completed  in  front  of,  or  along,  or  upon 
any  block,  or  lot,  or  part  thereof,  or  piece  of  ground,  or  at 
the  time  the  improvement  is  entirely  completed,  as  shall 
be  provided  in  the  ordinance  levying  the  tax;  provided,  that 
any  levy  of  a  special  tax  for  special  improvements  shall  not 
be  made  until  the  cost  of  such  improvement  shall  first  have 
been  ascertained  by  contract,  duly  let  to  the  lowest 
responsible  bidder,  after  publication  of  notice  for  at  least 
twenty  days  in  a  newspaper  of  general  circulation  published 
in  the  city  where  such  improvements  are  to  be  made,  and  the 
cost  of  such  improvements  shall  not  exceed  to  the  property 
owner  the  amount  of  the  contract  entered  into  for  the  per- 
formance of  the  work ;  provided  further,  that  bids  for  the 
doing  of  all  work  contemplated  by  each  special  improvement 
shall  be  separately  solicited  and  a  separate  contract  be  let 
therefor  as  above  provided. 

278.  Notice  of  delinquency.  When  any  special  tax  is 
levied    it    shall    l>r    the    duty   of   the   citv   recorder   to   deliver 


ill  \1'.    XVI.     SPECIAI      I  \XES.  103 

to  the  city  treasurer  a  certified  copy  of  the  ordinance  levy 
ins,'  such  tax,  antl  mr-1i  treasurer  shall,  without  delay,  give  at 
•    five   days'   notice   in   one   or   more   newspapers   having 
general  circulation   in  said  city,  of  the  time  when   such  tax 
will  become  delinqui 

279.  Special  taxes  may  be  levied.  Special  or  local  taxes 
may  be  levied  by  the  city  council  or  board  of  trustees  of 
any  city  or  town  in  this  state  for  the  purpose  of  con- 
structing, reconstructing,  extending  or  maintaining  water- 
works, reservoirs,  canals,  and  ditches,  laying  pipes  and 
mains,  erecting  hydrants  and  keeping  the  same  in  repair; 
for  the  purpi  supplying  water  for  domestic  and  irriga- 

tion I'm-  .  or  cither,  and  for  the  purpose  of  regulating, 
controlling,  and  distributing  the  same,  and  for  the  purpose  ol 
regulating  and  controlling  water  and  water  courses  leading 
into  the  city  "r  town;  for  constructing  and  maintaining  gas, 
electric,  or  other  plants  t<>r  illumination,  and  the  necessary 
means  and  cost  of  distribution;  and  for  constructing,  extend 
ing  and  repairing  sewers  and  drains;  and  for  construcl 
and  paving  of  sidewalks;  such  taxes  to  be  levied  '>n  the 
real  estate  lying  am!  being  within  the  district  in  which  such 
improvements  may  he  made,  or  for  the  beneft  of  which  such 
taxes  are  t..  he  expended,  t<>  the  extent  of  the  benefits  to 
such  property,  by  reason  of  such  improvement  or  expendi- 
ture, the  benefits  to  such  property  to  he  determined  by  the 
ncil  or  hoard  of  trustees;  provided,  that  in  cases  where 
the  council  or  hoard  of  trustees  shall   find   such   benefits  t'' 

qual  and  uniform,  such  levy  may  he  made  according  to 
the   fronl  r  square   feet,  of  lots   or   real    estate   within 

said   district   or  according   to  such   other  rule   as   the   council 
or    hoard    of    trustee-    may    adopt    for    such    distribution    or 

-tment  of  such  costs  upon  the  lot-,  ,  ,r  real   estate  in   such 

ict  benefited  by  such  improvement  or  expenditure,  and 
all   I  ents   made   for    such   purposes    shall 

in    the   same   manner   as   other   Special  nts, 

and    -hall    he    sul  e    penalty,    provided,    that    a 


104  CHAP.    XVI.      SPECIAL   TAXES. 

tax   levied    for    supplying    water   for    irrigation    and    tor    dis- 
tributing and  regulating  the  same,  may  be  levied  upon  real 
estate   according   to   the   amount    of   water   used   thereon,   or 
may  be  levied  as  an  acreage  tax. 
Approved    March   20th.    1911. 

280.  Repairs.  The  foregoing  provisions  of  this  chapter 
.-hall  apply  to  the  repaying  of  streets  and  sidewalks,  but  not 
to  repairs  thereon.  The  council  shall,  by  ordinance,  define 
what  constitutes  repaying,  what  repairs,  and  what  extra- 
ordinary repairs.  The  cost  of  ordinary  repairs  shall  be 
borne  by  the  city;  and  the  council  may  levy  and  collect 
special  taxes  upon  the  abutting  property  for  the  purpose  of 
defraying  the  cost  of  repairs  defined  to  be  extraordinary 
without  previous  notice  of  intention,  or  any  right  of  the 
property  owners  to  protest.  The  right  of  protest  shall  not 
exist  in  cases  where,  for  any  reason,  any  part  of  a  street 
or  sidewalk  lying  within  a  paving  district  or  any  extension 
thereof,  shall  not  have  been  paved  when  the  remainder  of 
such  district  or  extension  was  paved,  and  the  council  shall 
afterward  levy  a  tax  upon  the  abutting  property  for  the 
pavement   of  the   same. 

281.  Special  assessment  a  lien.  Special  assessments 
made  and  levied  to  defray  the  cost  and  expenses  of  any 
work  contemplated  by  the  provisions  of  this  chapter  and  the 
cost  of  collection  thereof,  shall  constitute  a  lien  upon  and 
against  the  property  upon  which  such  assessment  is  made 
and  levied,  from  and  after  the  date  thereof,  and  such  ass< — 
ments  shall  be  collected  in  the  manner  prescribed  by 
ordinance. 

282.  Change  of  grade.  Damages.  Whenever  by  the 
grading  of  any  street,  alley,  or  other  public  ground  in  a 
city,  pursuant  to  the  action  of  the  city  authorities  in 
changing  the  established  grade  of  such  street,  alley,  or 
public  ground,  after  valuable  improvements  have  been   made 


(  HAP     XVI       SP1  CIA1      l  VXES  1".: 

upon  real  property  abutting  thereon,  siuii  real  propertj  is 
injured  or  diminished  in  value,  the  owner  of  such  real  prop 
erty  or  improvements  may  recover  from  such  city  the  amount 
of  such  damages  or  diminution  in  value  in  a  civil  action 
brought  for  that  purpose.  This  section  shall  be  held  to  cover 
ami  apply  to  all  cases  wherein  a  change  of  established 
grades  of  street,  alleys,  or  public  grounds  may  have  been 
heretofore  determined  upon,  hut  has  not  been  carried  into 
actual    effect. 


106  CHAP.  XVII.     CITY  SCRIP. 

CHATER  XVII. 

CITY  SCRIP. 

282x.  May  issue  scrip,  when.  In  any  instance  where 
any  city  of  the  first  or  of  the  second  class  may  levy  a  special 
tax  or  assessment  for  the  purpose  of  making  any  local 
improvement  or  improvements,  the  city  treasurer,  upon  being 
so  directed  by  the  city  council,  at  any  time  after  the  improve- 
ment is  completed,  may  issue  scrip  against  the  fund  to  be 
raised  by  such  special  tax  or  assessment,  and  said  scrip 
may  be  sold  by  said  treasurer  on  order  of  the  council  at 
either  private  or  public  sale,  either  with  or  without  adver- 
tisement, at  any  price  not  less  than  the  face  value  of  such 
scrip,  and  the  profits  or  premiums  of  such  sale,  if  any,  shall 
be  placed  in  the  fund  raised  by  such  scrip,  and  shall  be 
used  for  no  purposes  except  those  for  which  said  fund  may 
be  used. 

282x1.  How  issued.  Interest.  Such  scrip  shall  be  so 
issued  that  there  shall  be  a  separate  certificate  for  each  lot, 
part  of  lot,  or  parcel  of  land  affected  by  said  special  tax  or 
assessment.  Such  certificate  shall  contain  a  description,  suf- 
ficient for  identification,  of  the  particular  lot,  part  of  lot,  or 
parcel  of  land  against  which  it  is  issued,  and  also  give  the 
block  and  plat  in  which  the  same  is  situate,  and  shall  also 
state  the  amount  of  the  special  tax  or  assessment  levied 
thereon,  the  date  and  purpose  of  such  lev}-,  and  the  name  of 
the  person  supposed  to  be  owner  of  the  land  taxed  or 
assessed,  and  shall  further  state  the  date  or  dates  on  which 
said  special  tax  or  assessment,  or  the  several  instalments 
thereof,  shall  be  delinquent,  and  also  the  interest  payable  on 
the  same  both  before  and  after  delinquency,  which  interest 
shall  be  provided  for  in  the  ordinance  levying  such  tax  or 
assessment,  and   shall   further  state  that   all    interest   on   said 


CHAP.   XVII.     CITY  SCRIP.  107 

certificate  or  any   instalment   mentioned   therein   shall   ci 
when  such  tax  or  such  instalment   is  paid   to  the  treasurer. 
No  special  tax  or  assessment  or  any  instalment  thereof  shall 
draw  a  greater  rate  of  interest  than  six  per  cenl   per  annum 
from  date  of  issue  of  said  scrip. 

282x2.  Redemption  of  scrip.  An)  owner  or  agent  or 
person  interested  in  any  lot  or  parcel  of  land  against  which 
any  -crip  may  have  been  issued  as  aforesaid  for  any  special 
tax  or  assessment,  may  pay  said  tax  or  assessment,  or  any 
instalment  thereof,  with  interest,  to  the  city  treasurer  at  any 
time  after  levy  of  such  special  tax  or  assessment,  and  there- 
upon the  interest  upon  the  amount  so  paid  ceases,  and  tin- 
scrip  standing  against  said  land  is  thereby  canceled  and 
redeemed  to  the  extent  of  such  payment,  and  the  lien  of 
such  scrip  against  said  land  is  thereby  canceled  t"  the  extent 
of  such  payment,  and  it  becomes  the  duty  of  the  record 
holder  of  -aid  scrip,  upon  being  notified  by  mail  l>\  the  city 
treasurer,  to  present  such  scrip  to  said  treasurer  and  receive 
the  amount  paid  thereon.  When  any  payment  upon  any 
scrip   is   made   by  the   treasurer,   he   shall    stamp  or    write   a 

ription  of  the  -aid  partial  payment  and  date  thereof  on 
-aid  scrip,  and  keep  a  record  of  the  same  in  his  office,  and 
whenever  a  complete  redemption  of  such  scrip  is  made,  he 
shall    write  or   Stamp  a   statement   of   the   date    when    -aid    lax 

paid,  and  when  such  scrip  was  presented,  on  such  scrip, 
and   file  the  same  in   his  office. 

282x3.  Scrip  a  lien  on  property.  Property  may  be  sold. 
All  scrip  issued  hereunder  -hall  he  a  lien  against  the  property 
described  therein  from  the  date  of  the  levy  of  the  special 
tax  or  assessment  for  which  the  .-aid  scrip  was  issui 
at  any  time  after  delinquency  of  the  la-t  instalment,  the 
property  described  m  -itch  -crip  -hall  he  -old  h\  the  city 
treasure;  mi   [or  the  holder  of  such  scrip,  in  the  same 

manner  led  by  law   or  ordinance  for  the  land 

lelinquent  special  taxes,  to  make  the  sum  delinquent  on 


108  CHAP.   XVII.     CITY  SCRIP. 

said  scrip  and  the  costs  and  expenses  of  such  sale.  After 
the  issue  of  said  scrip  all  liability  of  the  city  thereon,  except 
for  faithful  accounting  for  funds  received  to  redeem  the  same, 
shall  cease. 


CHAP    XVIII.     SPECIAL  TAX    FUND  109 

CHAPTER  XVIII. 
SPECIAL  TAX   FUNDS  IN  CITIES. 

282x4.  Levies  and  assessments.  Costs  and  expenses. 
In  each  case  where  a  city  or  town  levies  or  assesses  any 
special  or  local  tax  tor  the  making  and  paying  for  any  local 
improvement  or  improvements,  all  money  paid  into  the  cit) 
treasury  or  town  treasury,  as  the  case  may  be,  in  payment 
of  said  special  tax  levies  or  assessments,  or  interest  thereon. 
be  deemed  to  be  part  of,  and  constitute  a  fund  for,  the 
payment  of  the  costs  and  expense  of  making  such  I 
improvement  or  improvements,  and  for  no  other  purpose. 
The  costs  and  expenses  aforesaid  shall  include  the  contract 
price,  engineering,  inspecting,  publishing,  notices,  and  making 
of  the  tax  levy. 

282x5.     Each  fund  to  be  kept  separate.     How  paid  out. 
hi    any    instance    where    a    city    it    town    may    lev\     a    spei 
tax  or  assessment  for  the  purpose  of  making  and  paying  for 
an\    local    improvement    or   improvement-,    the    fund    ere; 
l>\    such  lew  or  assessment   shall  he  in   the  custody   of  the 
city  treasurer  or  town  treasurer,  as  the  case  may  he.  and  each 
fund    -, ,   created   shall   be   kept   separate   and    intact    from    all 
Other    funds   and    moneys   of   the  city  or  town,   as   the   case 
may   he.  and   shall  he  paid  out  only  on  special   tax-wan 
as  hereinafter  provided,  and  for  no  other  purpose   than  pay- 
ing the  costs  and  expenses  of  making  the  improvement  or  im- 
provements   for    which    the    special    tax   or   assessment    was 
levied. 

282x6.     Coupon    warrants.     In    any    instance    where    any 

city  or  town  may  levy  a  special  tax  oi  the  pur- 

of    making    or    paying    for    any    local    improvement    or 

improvements,  the  city  auditor,  in  cities  having  an  auditor. 

the   citj  ■".   in    cities    not    having    an    auditor,    and    the 


110  CHAP.  XVIII.     SPECIAL  TAX  FUND. 

clerk  of  the  town,  as  the  case  may  be,  upon  being  so  directed 
by  the  city  council,  or  board  of  trustees  of  the  town  at  any 
time  after  the  levy  of  such  tax  or  assessment  shall  issue 
coupon  warrants  in  payment  of  the  cost  and  expense  of  said 
local  improvement  or  improvements,  and  against  the  funds 
created  by  said  special  tax  levies  or  assessments.  Said  war- 
rants shall  be  drawn  on  the  treasurer  of  the  city  or  town 
and  against  the  special  tax  funds  as  hereinbefore  provided ; 
such  warrants  shall  be  known  as  special  tax  warrant?,  and 
shall  be  made  in  form,  wording,  and  color,  different  and  to  dis- 
tinguish them  from  other  warrants  of  the  city  or  town,  and 
shall  only  be  drawn  in  amounts  of  $100,  $500,  and  $1,000, 
except  that  the  last  warrant  drawn  in  settlement  in  full  of  any 
claim  against  any  special  tax  fund  may  be  drawn  in  any  sum 
under  $100. 

282x7.  Tax  warrants  due  and  payable.  When.  All 
special  tax  warrants  shall  be  due  and  payable  as  follows  : 

If  issued  on  account  of  paving  improvements,  in  ten 
equal  yearly  instalments;  if  issued  on  account  of  sidewalk, 
sewer,  or  curbing  and  guttering  improvements,  in  five  equal 
yearly  instalments.  Said  warrants  shall  indicate  the  time 
when  each  instalment  is  due,  and  provide  that  interest  at  the 
rate  of  six  per  cent  per  annum  on  the  whole  sum  unpaid 
shall  be  due  and  payable  at  the  time  each  instalment  is  due, 
and  that  in  case  of  failure  to  pay  any  instalment  at  the  time 
the  same  is  payable,  the  unpaid  principal  due  at  said  time 
shall  draw  interest  at  the  rate  of  eight  per  cent  per  annum, 
and  that  one  or  more  instalments  in  the  order  in  which  they 
are  payable,  or  the  whole  warrant,  may  be  paid  on  the  day 
any  instalment  becomes  due  by  paying  the  amount  thereof 
and  interest  to  date  of  payment. 

Approved  March  11th,  1909. 

282x9.  Liability  of  city.  The  city  or  town,  as  the  case 
may  be,  shall  not  be  held  liable  for  the  payment  of  any 
special  tax  warrant,  except  to  the  extent  of  the  funds  created 


ill  \l'    XVIII      SPECIAL    TAX   FUND.  Ill 

and  received  by  special  tax  levies  or  assessments;  but  the 
city  or  town  shall  be  held  responsible  for  faithful  account- 
ing, collection,  settlements,  and  payments  of  the  moneys  of 
said  Funds,  and  when  such  accounting,  collecting,  settlements, 
and  paying  is  faithfully  performed,  all  further  liability  on  the 
part  of  the  city  or  town  shall  cease. 

Approved   March    18th,   L913. 


112  CHAP.  XIX.     BOARD  OF  PUBLIC  WORKS. 

CHAPTER  XIX. 
BOARD   OF   PUBLIC   WORKS. 

201.  Sees.  283,  284,  285  repealed.  See  Sec.  182,  Chap. 
125.  S.   L.   1911. 

286.  Duties  of  board.  It  shall  be  the  duty  of  such 
board  of  public  works,  and  it  shall  have  power,  to  make 
contracts  on  behalf  of  the  city  for  the  performance  of  all 
such  work  and  the  erection  of  all  such  improvements  as  may 
be  ordered  by  the  council,  but  all  such  contracts  shall  be 
subject  to  the  approval  or  rejection  of  the  council ;  to  super- 
intend the  performance  of  all  such  work  and  the  erection 
of  such  improvements,  except  the  supervision  of  the  con- 
struction of  city  halls,  market  houses,  jails,  or  other  public 
buildings.  It  shall  also  be  the  duty  of  said  board  to  approve 
the  estimates  of  the  city  engineer  which  may  be  made  from 
time  to  time,  of  the  value  of  work  as  the  same  may  progress  : 
to  accept  any  work  done  or  improvements  made,  when  the 
same  shall  be  fully  completed  according  to  contract,  subject, 
however,  to  the  approval  of  the  council :  and  to  perform  such 
other  duties   as   may  he   devolved   upon    them   by   ordinance. 

Citizens    to   be    employed,    S.    L.    1909,   p.    179. 


CHAP.  XX      IX  ir\  IRPI  (RATE   LIMITS       113 

CHAPTER    XX. 
EXTENSION   OF  CORPORATE    LIMITS. 

287.  Petition.  Proceedings.  Win  never  a  majority  of 
ihe  owners  of  real  property  of  any  territory  lying  contiguous 
to  the  corporate  limits  of  any  city  shall  desire  to  annex 
such  territory  to  any  city,  they  shall  cause  an  accurate  plat 
or  map  of  the  said  territory  to  be  made,  under  the  super- 
vision of  the  city  engineer  or  of  a  competent  surveyor,  and 

ipy  of  said  plat  "r  map,  certified  by  said  engineer  01 
surveyor,  as  the  case  may  be,  shall  be  filed  in  the  office  of 
the  recorder  of  the  city,  together  with  a  petition  in  writing, 
signed  by  a  majority  of  the  real  property  owners  of  the 
territory  described  in  said  plat;  and  the  city  council,  at  the 
next   regular  meeting  thereof,  shall   vote  upon   the   question 

such  annexation.  If  two-thirds  of  all  the  members  of 
the  council  vote  for  such  annexation,  an  ordinance  shall  he 
prepared  and  passed,  declaring  the  annexation  of  -aid  terri- 
tory and  the  extension  of  the  limits  of  said  city,  accordingly. 
\  copy  of  the  map  or  plat  hereinbefore  referred  to.  duly  cer- 
tified and  acknowledged  as  provided  by  law  in  such  cases, 
shall  at  once  he  filed  in  the  office  of  the  recorder  of  the 
proper  county,  together  with  a  certified  copy  of  the  ordinance 
declaring  such  annexation,  and  thereupon  such  annexation 
shall  he  deemed  complete,  and  the  said  territory  shall  he 
deemed  and  held  to  be  a  part  of  -aid  original  city,  and  the 
inhabitants  thereof  -hall  thereafter  enjoy  the  privileges  ami 
benefits  of  such  annexation  and  he  subject  to  the  ordinal 
and    regulations  of   said    cits. 


114  CHAP.   XXI.     RESTRICTION'   OF   CORPORATE   LIMITS. 

CHAPTER   XXI. 
RESTRICTION    OF    CORPORATE    LIMITS. 

288.  Petition.  Proceeding.  Whenever  a  majority  of  the 
real  property  owners  of  any  territory  within  and  lying  upon 
the  borders  of  any  incorporated  city  or  town  shall  file  with 
the  clerk  of  the  district  court  of  the  count}-  in  which  such 
territory  lies,  a  petition  praying  that  Mich  territory  be  dis- 
connected therefrom,  and  such  petition  sets  forth  reasons 
why  such  territory  should  be  so  disconnected  from  such 
city  or  town,  and  is  accompanied  with  a  map  or  plat  of  the 
territory  sought  to  be  disconnected,  and  designates  no  more 
than  five  persons  who  are  empowered  to  act  for  such 
petitioners  in  such  proceedings,  such  court  shall  cause  a 
notice  of  the  filing  of  the  same  to  be  served  upon  said  city 
or  town,  in  the  same  manner  as  a  summons  in  a  civil  action, 
and  shall  also  cause  notice  to  be  published  in  some  news 
paper  having  a  general  circulation  in  such  city  or  town,  for 
a  period  of  ten  days.  Issue  shall  be  joined  and  the  cause 
tried  as  provided  for  the  trial  of  civil  causes,  as  nearly  as 
may  be.  The  proper  authorities  of  such  city  or  town,  or 
any  person  interested  in  the  subject  matter  of  said  petition. 
may  appear  and  contest  the  granting  of  the  same 

289.  Adjustment  of  terms.  If  the  court  finds  that  the 
petition  was  signed  by  a  majority  of  the  real  property  owners 
of  the  territory  concerned,  and  that  the  allegations  of  the 
petition  are  true,  and  that  justice  and  equity  require  that  such 
territory  or  any  part  thereof  should  be  disconnected  from 
such  city  it  shall  appoint  three  disinterested  persons  as  com- 
missioners to  adjust  the  terms  upon  which  such  part  shall  be 
so  severed  as  to  any  liabilities  of  such  ci'\  or  town,  that  have 
accrued  during  the  connection  of  such  part  with  the  corpora- 


CHAP.   XXI.     RESTRICTION  OF  CORPORATE  LIMITS.     115 

tion,  and  as  to  the  mutual  property  rights  oi  the  city  and 
town  and  the  territory  to  be  detached. 

290.  Report  of  commissioner.  Decree.  The  commis- 
sioner  shall,  at  a  time  by  them  fixed,  hear  the  agents  named 
in  the  petition,  and  also  the  proper  authorities  of  the  city  or 
town   in   regard  to  the  subject   matter  so  submitted,  and   as 

n  a<  practicable,  report  their  finding  in  the  premises  to 
the  court.  Upon  the  filing  of  which  report,  the  courl  shall 
decree  in  accordance  therewith,  and  with  the  prayer  of  the 
petition,  unless  for  good  cause  shown  the  court  shall  modify 
the  same,  or  shall  reject  or  set  aside  the  report  and  app 
new  commissioners,  and  continue  the  cause  for  further  action 
to  be  had  thereon. 

Approved   March   20th,    1911. 

291.  Court  may  levy  taxes.     The  court  shall  have  power 
rder  such  taxes  levied  from  time  to  time  on  the  property 

included  within  the  detached  territory,  as  may  be  requisite 
for  the  purpose  of  paying  its  just  proportion  of  the  municipal 
obligations;  the  board  of  county  commissioners  shall  levy 
such  taxes  under  the  direction  of  the  court,  and  the  same 
shall  he  collected  by  the  county  treasurer  as  other  taxes. 

292.  Recording  decree.     Costs.     Upon  the  entering  of  a 

decree  detaching  said  territory,  or  any  pari  thereof,  the  clerk 
shall  file  a  certified  copy  of  the  same  and  of  the  plat,  in  the 
office  of  the  recorder  of  the  county  and  in  the  office  of  the 
<■;  and  when  so  filed,  the  severance  shall  be 
complete.  Each  party  shall  pay  its  own  witnesses,  and  the 
hall  pay  all  other  cost 


116  CHAP.  XXII.     DISINCORPORATIOW 

CHAPTER  XXII. 

D1SIXCORPORATION. 

293.  Petition.  Notice  of  election.  Whenever  one- 
fourth  of  the  legal  voters  of  any  city  shall  petition  the 
district  court  of  the  county  wherein  such  corporation  is 
situated  for  the  discontinuance  of  the  said  city,  it  shall  cause 
to  be  published  for  at  least  thirty  days,  a  notice  stating  that 
the  question  of  discontinuing  such  corporation  will  be  sub- 
mitted to  the  legal  voters  of  the  same  at  the  next  municipal 
election,  and  the  form  of  the  ballot  shall  be  "for  disincorpora- 
tion,"  and  "against  disincorporation."  Not  more  than  one 
such   election   shall   be   held   in   two   years. 

294.  Canvass.     Judgment.     Notice   to   file   claims.     The 

vote  shall  be  taken  and  canvassed  in  the  same  manner  as  in 
other  municipal  elections,  and  return  thereof  made  to  the 
district  court.  If  it  finds  that  a  majority  of  the  legal  votes 
cast  for  and  against  such  proposition  were  cast  "for  dis- 
incorporation," then  a  judgment  shall  be  entered  discontin- 
uing the  same,  and  upon  the  entry  of  said  judgment  its 
corporate  powers  shall  cease,  and  the  court  shall  cause 
notice  to  be  given  in  a  manner  to  be  prescribed  by  it, 
requiring  all  claims  against  the  corporation  to  be  filed  in 
said  court  within  a  time  fixed  in  the  notice,  not  exceeding 
six  months,  and  all  claims  not  so  filed  shall  be  forever  barred. 
At  the  expiration  of  the  time  so  fixed,  the  court  shall 
adjudicate  said  claims  which  shall  be  treated  as  denied,  and 
any  citizen  of  such  city  at  the  time  the  vote  was  taken  may 
appear  and  defend  against  any  claim  so  filed,  or  the  court 
may  in  it  discretion  appoint  some  person  for  this  purpose. 

295.  Powers  of  court.  The  court  shall  have  power  to 
wind    up    the    affairs    of    the    corporation,    to    dispose    of    its 


I  HAP    XXI]      DISINI  i  IRPOR  VTION.  117 

property,    and    to    make    provision    for    tin-    paymenl    of    all 
indebtedness   thereof,   and    for   the   performance   of   ii>   i 
tracts  ami  obligations,  and  shall  order  such  taxes  levied  Ei 
lime  to  time  as  may  be  requisite  therefor,  which  the  board 
of    county    commissioners    shall    levy    against    the    property 
within  the  corporation.     Said  taxes  shall  be  collected  bj   the 
county  or  city  treasurer  like  other  taxes  and  paid  out  under 
the  orders  of  the  court,  and  any  surplus  shall   he  paid   mi" 
the  school  fund  for  the  district  where  the  same  i-  levied;  ami 
all  property  remaining  titter  the  winding  up  of  the  corporate 
affairs    of    such    corporation,    both    real    and    personal,    shall 
revert  to  such  school  district,  which   is  empowered  to  enfi 
all  claims   for  the  same  and  to  have  the  use  of  all   property 
so  \  esting. 

296.  Report  of  records.  The  hook-,,  documents,  records, 
papers,  and  corporate  seal  of  any  city  so  discontinued  shall 
he  deposited  with  the  county  clerk  of  the  county  in  which 
the  council  last  held  it--  sessions,  for  safe  keeping  and 
reference  in  future.  All  court  records  of  any  officer  shall 
he  deposited  with  the  nearest  justice  of  the  county,  who 
shall  have  authority  to  execute  and  complete  all  unfinished 
business  standing  on  the  same. 

297.  Notice  of  disincorporation.  When  the  incorp 
lion  of  any  city  shall  have  been  discontinued,  the  clerk 
the  court  shall  cause  a  notice  thereof  to  he  published  for 
four  consecutive  weeks  in  a  n  r  published  in  said 
county,  hut  if  none  i-  published  therein  he  shall  give  such 
notice  as  the  court  may  prescribe,  and  shall  also  certify 
the  fact  to  the  secretary  of  state  and  to  the  recorder  of  the 

298.  Expenses.     All    expenses    of    the    election    and 
winding  up  the  affairs  of  the  corporation  shall  he  paid  l>v  it. 


118  CHAP.   XXIII.     BONDING. 

CHAPTER  XXIII. 

BONDING  FOR  WATER,  LIGHT,  OR  SEWERS. 

308.  City  or  town  may  incur  indebtedness  for  supplying 
water,  etc.  Any  city  or  town  in  this  state  is  hereby  author- 
ized to  incur  an  indebtedness  not  exceeding  four  per  centum 
of  the  value  of  the  taxable  property  therein  for  the  purpose 
of  supplying  such  city  or  town  with  water,  artificial  light 
or  sewers  when  the  works  for  supplying  such  water,  light 
and  sewers  shall  be  owned  and  controlled  by  the  munici- 
pality, providing  that  cities  of  the  third  class,  and  towns, 
may  become  indebted  to  an  amount  not  exceeding  eight  per 
centum  of  the  value  of  the  taxable  property  therein  for  the 
purpose  of  supplying  such  city  or  town  with  water,  artificial 
light  or  sewers  when  the  works  for  supplying  such  water, 
light  and.  sewers  shall  be  owned  and  controlled  by  the 
municipality,  when  the  proposition  to  create  such  debt  shall 
have  been  submitted  to  the  vote  of  such  qualified  electors 
as  shall  have  paid  a  property  tax  in  the  year  preceding 
such  election  and  a  majority  of  those  voting  thereon  shall 
have  voted  in  favor  of  incurring  such  debt. 

309.  Proposition    to    be    submitted    to    voters.     Notice. 

When  the  citv  council  of  any  city  or  the  town  board  of 
trustees  of  any  town  shall  have  decided  to  submit  the 
question  of  incurring  a  bonded  indebtedness,  it  shall,  by 
order,  specify  the  particular  purpose  for  which  the  indebted- 
ness is  to  be  created  and  the  amount  of  bonds  which  it  is 
proposed  to  issue,  and  shall  further  provide  for  submitting 
the  question  of  the  issue  of  such  bonds  to  the  qualified 
electors  of  the  eity  or  town  at  the  next  general  election, 
or  at  a  special  election  to  be  called  for  that  purpose 
by  the  council  or  the  board,  as  the  case  may  be.  If 
the   question   is   submitted  at   a   special    election,,  it   shall   be 


CHAP    XXIII       BONDING  119 

held,  except  as  herein  otherwise  provided,  as  nearlj  as 
possible  in  conformity  with  tin-  general  election  laws  of  the 
state.  Notice  shall  be  given  of  such  election  by  publication 
in  some  newspaper  or  newspapers  published  in  the  city  or 
town  for  four  weeks  prior  thereto;  or  if  there  l>e  no 
newspaper,  then  by  posting  notices.  The  council  or  the 
board,  as  the  ease  may  be,  shall  cause  ballots  to  be  printed 
and  furnished  to  the  qualified  electors,  which  shall  read: 
"For  the  issue  of  bonds:  Yes.  No."  If  a  majoritj  of  the 
qualified   electors   voting  thereon   shall   have   voted   in   favor 

ncurring  such  indebtedness,  the  city  council  or  bo; 
may  proceed  to  issue  the  amount  of  bonds  specified,  tf, 
however,  the  qualified  electors  shall  have  voted  in  favor  of 
incurring  an  indebtedness  in  excess  of  the  amount  permitted 
by  the  constitution  and  laws  of  the  state,  such  vote  shall 
be  full  authority  for  the  city  council  or  board  of  trusl 
to  issue  bonds  to  the  amount  permitted  by  the  constitution 
and    law-   of   the    Stat 

310.     Bonds,    how    issued    and    disposed    of.     Tax.      The 
city    council    "r    the    board    of    trustees,    a-    the    case    may    be. 
shall  provide  by  ordinance   for  the  issuance  and   dUp' 
such  bonds;  provided,  that  no  such  bonds  shall   be  sold  for 

than  their  face  value.  The  city  council  or  the  board  of 
trustee-,  as  the  case  may  be,  shall  annually  levy  a  sufficient 
tax  t"  pay  the  interest  on  such  indebtedness  as  it  falls  due, 
and  als.i  t,.  constitute  a  -inking  fund  for  the  payment  of  the 
principal  thereof  within  twenty  years  from  the  time 
cont  '    the   same. 


120  CHAP.    XXIV.      REPEALS. 

CHAPTER  XXIV. 

REPEALS. 

311.  Repeal  of  special  charters.  Effect.  The  special 
charters  of  all  cities  and  towns  in  this  state,  and  all  amend- 
ments thereto,  are  hereby  repealed;  but  all  of  said  cities  and 
towns  are  hereby  perpetuated  as  such  respectively  under  then- 
present  names  and  boundaries  and  subject  to  the  provisions 
of  this  title.  The  officers  of  such  cities  and  towns  now  in 
.  iffice  shall  continue  in  their  respective  offices  until  the 
election  and  the  qualification  of  the  officers  herein  provided 
for ;  and  shall  perform  such  duties  as  may  be  imposed  by 
law  and  such  other  duties  conformable  with  this  title,  as 
may  be  prescribed  by  ordinance.  All  rights  and  property  of 
every  kind  and  description  now  vested  in.  any  municipal 
corporation  under  its  present  organization  shall  be  deemed 
and  held  to  be  vested  in  the  same  municipal  corporation 
upon  its  becoming  subject  to  the  provisions  of  this  title : 
but  no  rights  or  liabilities  either  in  favor  of  or  against  such 
corporation  now  existing,  and  no  action  or  prosecution  of 
any  kind,  shall  be  affected  by  such  change,  but  the  same 
shall  stand  and  progress  as  if  no  change  had  been  made. 
The  ordinances  and  resolutions  now  in  force  in  any  city  or 
town  shall  continue  in  full  force  and  effect  until  repealed 
or  amended,  notwithstanding  the  change  herein  provided 
ior,  so  far  as  such  ordinances  and  resolutions  are  not  in 
conflict  with  the  provisions  of  this  title. 


CHAP.  XXV.     CLAIMS  FOR  DAMAGES.  121 

CHAPTER  XXV. 
CLAIMS  F<  )R   DAMAGES. 

312.  Claim,  time  for  presenting.  Action  on.  Every 
claim  against  an  incorporated  city  or  town  For  damages  or 
injury  alleged  to  have  been  caused  by  the  defective,  unsafe, 
dangerous,  or  obstructed  condition  of  any  street,  alley  cross 
walk,  sidewalk,  culvert,  or  bridge  of  such  city  or  town,  or 
tlu-  negligence  of  the  city  or  town  authorities  in  respe<  I 

tny  such  street,  alley,  en --walk,  sidewalk,  culvert,  or 
bridge  shall,  within  thirty  days  after  the  happening  of  such 
injury  or  damage,  be  presented  to  the  city  council  of  such 
city,  or  board  of  trustees  of  such  town,  in  writing,  signed 
by  the  claim. mt   or  by  some  person  b)    claimant   authorized 

ign  the  same,  and  properly  verified,  stating  the  particular 
time    at    which    the    injury    happened,    ami    designating    and 

ribing  the  particular  place  in  which  it  occurred,  and  also 
particularly  describing  the  cause  and  circumstance-  of  the 
said  injury  <>r  damages,  and  stating,  if  known  to  claimant, 
the  name  of  the  person,  firm,  or  corporation  who  created. 
brought  about,  or  maintained  the  defect,  obstruction,  or 
condition  causing  such  accident  or  injury,  and  also  stating 
the  nature  and  probable  extent  of  such  injury,  and  the 
amount  of  damages  claimed  on  account  of  the  same;  such 
notice  shall  he  sufficient  in  the  particulars  above  specified 
the  officers  of  such  city  or  town  to  find  the 
place  and  cause  of  such  injury  from  the  description   thereof 

ii  in  the  notice  itself  without  extraneous  inquiry,  and  it" 
action    shall    he    maintained    against    any    city    or    town    for 
damages,  '>r  injury  t.>  person  or  property,  unless   it   appi 
that    the  claim    for   which   the   action    was    brought    was    pre- 

ted     i~    a  the    city    council    or    the    board    of 

trustees  of  the  town,  and  that  such  council  or  board  did  not 
within    nine:  thereafter    audit    and    allow     the    same 


122  CHAP.  XXV.     CLAIMS  FOR  DAMAGES. 

Every  claim,  other  than  claims  above  mentioned,  against 
any  city  or  town,  must  be  presented,  properly  itemized  or 
described  and  verified  as  to  correctness  by  claimant  or  his 
agent,  to  the  city  council  or  board  of  trustees  within  one 
year  after  the  last  item  of  such  account  or  claim  accrued, 
and  if  such  account  or  claim  is  not  properly  or  sufficiently 
itemized,  or  described  or  verified,  the  city  council  or  board  of 
trustees  may  require  the  same  to  be  made  more  specific  as 
to  the  itemization  or  description,  or  to  be  corrected  as 
to    the    verification    thereof. 

313.  Claimed  barred  if  not  presented.  It  shall  be  a 
sufficient  bar  and  answer  to  any  action  or  proceeding 
against  a  city  or  town,  in  any  court,  for  the  collection  of  any 
claim  mentioned  in  §  312,  that  such  claim  had  not  been  pre- 
sented to  the  city  council  of  such  city,  or  to  the  board  of 
trustees  of  such  town,  in  the  manner  and  within  the  time 
in  §  312  specified;  provided,  that  in  case  an  account  or 
claim,  other  than  a  claim  made  for  damages  on  account 
of  the  unsafe,  defective,  dangerous,  or  obstructed  condition 
of  any  street,  alley,  crosswalk,  way,  sidewalk,  culvert,  or 
bridge,  is  required  by  the  council  or  board  to  be  made  more 
specific  as  to  itemization  or  description,  or  to  be  properly 
verified,  sufficient  time  shall  be  allowed  the  claimant  to 
comply    with    such    requirement. 


CHAP.  XXVI.     DEPOT  SITES.  123 

CHAPTER  XXVI. 

DEPOT  SITES. 

313x.  Cities  and  towns  may  grant  depot  sites.  Vote  of 
people  thereon.  The  city  council  of  anj  city,  or  board  of 
trustees  of  any  incorporated  town,  of  this  state  is  authorized 
to  ;iid  and  encourage  the  building  of  railroads  by  granting 
to  any  railroad  company,  For  depot  or  other  railroad  pur- 
poses, real  property  of  such  city  or  incorporated  town,  not 
necessary  for  municipal  or  public  purposes,  upon  such 
limitations  and  conditions  as  said  council  or  board  of  trustees 
may  prescribe;  provided,  however,  that  no  such  grant  shall  be 
made  to  any  railroad  company,  unless  the  question  of 
making  said  grant  has  been  submitted  to  the  qualified 
electors  of  the  city  or  town  at  the  next  municipal  or  special 
election  to  be  called  for  that  purpose  by  the  city  council, 
or  town  board.  If  the  question  is  submitted  at  a  special 
election,  it  shall  be  held  as  nearly  as  possible  in  conformity 
with  the  general  electicm  laws  of  the  slate.  Notice  shall 
be  given  of  such  election  by  publication  in  some  news- 
paper or  newspapers  published  in  the  city  or  town  for  four 
weeks  prior  thereto;  or  if  there  be  no  newspaper,  then  by 
posting  notices.  The  city  council,  or  town  board,  shall 
illots  to  be  printed  and  furnished  to  the  qualified 
which  shall  read:  "For  the  proposed  grant  for 
depot  or  other  railroad  purposes:  Yes.  No."  If  a  majority 
of  the  qualified  electors  voting  thereon  shall  have  voted 
in  favor  of  such  grant,  the  city  council,  or  town  board, 
shall  then  proceed  to  convey  the  property  to  the  railroad 
company. 





-: 


126  CHAP.  XXVI II.     CORPORATE  SURETYSHIP. 

street,  alley,   or   highway  across    which   its   located   line   may 
pass. 

(  l  IUNTIES.     !'.(  (UNDARIES. 

457.  Definitions.  The  words  "range."  township."  and 
"section,"  as  employed  in  this  chapter,  refer  to  the  Salt 
Lake  meridian  and  base  line  of  the  United  States  survey. 
except  in  such  cases  as  the  word  "range"  obviously  refers 
to  a  range  of  mountains. 

458.  Id.  In  the  description  of  courses  the  words 
'"north."  "south."  "east."  and  "west,"  shall  be  construed  to 
mean   true   courses. 

459.  Existing  counties.  The  several  counties  as  they 
are  in  this  chapter  named  and  described  are  the  counties  of 
the  State   until   otherwise   changed  by  law. 

475.  Salt  Lake  county.  Beginning  at  the  intersection 
of  the  summit  of  the  Wasatch  range  with  the  summit  of  the 
spur  range  terminating  at  the  Hot  Spring  in  the  northern 
part  of  Salt  Lake  City ;  thence  southwesterly  along  said 
last  mentioned  summit  to  a  point  east  of  a  point  136  rods 
north  of  said  Hot  Spring;  thence  west  to  the  middle  of  the 
channel  of  Jordan  river:  thence  down  the  middle  of  said 
channel  to  the  mouth  of  said  river;  thence  west  to  the  wesl 
line  of  range  1  west ;  thence  southwesterly,  and  equidistant 
between  Antelope  island  and  the  south  shore  of  Great  Salt 
lake  to  the  base  line  of  the  I'nited  States  survey  where 
intersected  by  a  straight  line  drawn  between  Black  Rock, 
on  the  south  shore  of  said  lake,  and  the  middle  point  of 
the  line  running  from  the  west  shore  of  the  said  lake  at 
latitude  41  degrees  north,  to  a  point  on  the  ea>t  shore  of 
said  lake  west  of  the  middle  channel  of  the  Weber  river, 
where  said  channel  lies  north  of  the  northwest  corner  of 
Kingston's    fort;    thence    southeasterly    through    Black    Rock 


CHAP.  XXVIII.     CORPORATE    SURETYSHIP  127 

to  the  northern  end  of,  and  thence  along  the  summit  of  the 
Oquirrh  range  to  the  summit  of  the  cross  ranye  between 
the  Oquirrh  and  Wasatch  ranges;  thence  easterlj  along 
said  lasl  mentioned  summit  to  the  summit  of  the  Wasatch 
range;  thence  northwesterly  along  said  lasl  mentioned  sum- 
mit  to  the  point  of  beginning. 

511.     Powers    of    board.  The    Board    of    County    Com- 

missioners     in     each     county  has     jurisdiction     and     power, 

under  such  limitations  and  restrictions  as  are  prescribed 
by  law 

Cities    and    towns    not    affected.     Nothing    contained    in 

this  title  is  intended  to  diminish,  impair,  or  in  an\  wise 
affect    the    powers    conferred     upon     incorporated     cities    or 

to\\  IK. 

632x5.     Plats   of  cemeteries   must   be   recorded.     Within 
months  after  the  passage  and  approval  of  this  chap 
the   executive   officers    in    control    of   all    cemeteries,    and    all 
individual-;    offering    burial    lots    for    sale    in    any    county    of 
this  shall    file  and   cause  to  be  recorded   in   the  office 

the    county    recorder    of    the    count v    within    which    said 
cemeteries  are  sil  rate  plat  of  the  cemeterii 

cemetery    under   their   control,    which    said    plat    shall    clearly 
•    the  sections  of  burial   lots  which  have  been   disposed 
and   the   names   of   the   persons   owning   or   holding   the 
sections  of  burial   lots  held   for  disposal,  and 
thereafter    the   executive    officers   of   any   of   said    cemeteries 
shall    file    additional    plat-    of    any    additions    to    said    ceme- 
teries   before   offerinj  de   any   burial    lots    therein;    the 
said  recorder  shall  nol  collect  any  fees  for  filing  and  record 
i n lt  the  said  original  plats. 

632x6.  Cerificate  of  burial  rights.  Every  puchaser  of 
a  lot  of  burial  righl  'herein  shall  be  furnished  by  the  execu- 
tive officers  or  individual   owner  of  said   cemeteries   with   a 


128  CHAP.  XXVIII.     CORPORATE  SURETYSHIP. 

certificate  of  burial  rights  properly  signed  by  them,  and 
the  same  may  be  filed  and  recorded  by  the  county  recorder 
of  the  county  within  which  the  said  cemetery  is  situated. 

632x7.  Transcripts  of  burial  rights  to  be  filed  with  re- 
corder. Penalty.  On  the  first  day  of  January  and  of  July 
in  each  year,  the  executive  officers  of  all  cemeteries  and 
individual  owners  offering  burial  lots  for  sale  shall  file  with 
the  county  recorder  of  the  county  within  which  said  ceme- 
teries are  situated,  a  transcript  duly  certified  by  such  execu- 
tive officers  of  any  and  all  deeds  or  certificates  of  sale,  or 
evidences  of  burial  rights,  issued  by  them  during  the  pre- 
ceding six  months.  The  said  county  recorder  shall  file  said 
abstract  without  charge  and  make  any  and  all  necessary 
notations  upon  the  plats  of  said  cemetery  theretofore  filed 
with  him  as  in  §  632x5  provided.  A  failure  to  comply  with 
the  requirements  of  §§632x5-632x7  by  the  executive  oficers 
or  individual  in  control  of  any  cemetery  shall  be  a  mis- 
demeanor. 


CHAP,   XXX.     CITY   COURTS.  129 

CHAPTER    XXX. 
CITY    COURTS. 

686x.     City    court    created.     There    is    herebj     created 
within  cities  of  the  first   class   in   this  Stale,  a  court   to  be 

known    as    the    city    court    of    (naming    the 

city  i,  ami  there  is  also  created  the  office  of  city  judge, 
whose  election,  qualification,  duties,  and  term  of  office 
shall  be  as  hereinafter  provided. 

686x1.  Judges  of  the  city  court  to  be  elected.  Term. 
At  the  municipal  election,  to  be  held  on  the  Tuesday  following 
the  first  Monday  of  November,  in  the  year  1901,  and  quad- 
riennially  thereafter,  there  shall  he  elected  in  each  of  the 
cities  of  the  first  class  of  this  State,  two  judges,  to  be  known 
:    the   city   court,    whose   term   of  office    shall    be 

four    years,    beginning   at    twelve    o'clock    noon    on    the 
first    Monday    of   January    su  g    their    election,    and    to 

hold    office    for    the    period    of    four    years,    and    until    their 
ted    and    qualified,    as    hereinafter    -lated. 
The  said  judges  -hall  he  elected  by  the  qualified  el.  ■ 
the    respective   cities   of   the   first    class,   and    under   the    laws 
and   regulations   governing   general   elections;  provided,   ■ 

that  the  first  election  shall  lie  held  under  the  laws 
and  regulations  governing  municipal  elections;  and.  provided 
further,  that  the  judges  so  el<  the  first  election  herein 

uled    for.    shall    hold    office    for    the    term    of    three    yi 
and     until     their  elected     and     qualified,    and 

theii  -hall   bi  !   at    the   general   election   to 

held    on    Tuesday    next    following    the    first    Monday    in 
mber,   1' 

686x2.     Qualifications.      No    person    -hall    he    eligibli 
•lie    city    court,    who.    at    the    timi 


130  CHAP.  XXX.     CITY   COURTS. 

his  election,  is  not  a  qualified  elector  and  a  bona  fide 
resident  of  the  city  of  the  first  class,  for  which  he  may 
be  elected,  nor  shall  any  person  be  eligible  to  said  office 
who  has  not  been  admitted  to  practice  in,  and  is  not  in 
good  standing  in,  the  supreme  court  of  this  State. 

686x3.  Shall  take  oath.  Upon  entering  upon  the  duties 
of  the  said  office,  each  judge  shall  take  the  constitutional 
oath. 

686x4.  Failure  to  perform  duties  or  absence  from  State 
forfeits    office.     Vacancy    filled    by    appointment    by    mayor. 

In  case  any  judge  of  the  city  court  shall  fail  or  refuse  to 
perform  the  duties  of  his  office  for  a  period  of  thirty  con- 
secutive days,  without  reasonable  excuse,  or  in  case  he 
shall  absent  himself  from  the  State  for  ninety  days,  he 
shall  be  deemed  to  have  forfeited  his  office,  except  that 
such  absence  may  be  extended  as  provided  by  the  consti- 
tution of  this  State,  in  the  case  of  judicial  officers,  and  in 
case  any  vacancy  occurs  in  the  office  of  judge  of  the  city 
court  by  death,  resignation,  absence,  failure,  or  refusal  to 
perform  his  duties,  or  otherwise,  the  said  office  shall  be 
filled  by  the  mayor  of  said  city,  by  and  with  the  consent 
of  the  city  council,  and  the  appointee  shall  hold  his  office 
for  the  same  time,  as  provided  in  the  case  of  appointees 
to  state  and  judicial  offices. 

686x5.  Municipal  officers.  Paid  by  city.  Judges  of 
the  city  court  shall  be  deemed  to  be  municipal  officers,  and 
their  salaries,  as  are  herein  provided,  shall  be  paid  by  the 
city  in  which  they  are  elected,  in  the  manner  prescribed 
for  the  payment  of  other  municipal  officers,  which  salary 
they  shall  take  in   lieu  of  all  other  compensation. 

686x6.  Salaries.  The  annual  salaries  of  judges  of  the 
city  court  shall  be  $2,500  each,  payable  out  of  the  city 
treasurv  of  the  city  in   which   they   are   elected. 


CHAP    XXX.     Cm    COUR1  131 

686x7.  Must  reside  and  hold  court  in  city.  Ever)  judge 
of  ;i  city  court  shall  reside  in  and  hold  a  court  in  the  city 
for  which  he  is  elected,  and  the  city  council  of  cities  of 
the  first  class  shall  provide  suitable  rooms  for  holding  the 
city  courts,  together  with  attendance,  furniture,  lights,  and 
stationery,  sufficient  for  the  transaction  of  business,  the 
expenses  of  which  shall  be  paid  out  of  the  general  funds 
of  the  city  treasury. 

686x8.  Recorder  is  ex  officio  clerk.  Duties.  The  city 
recorder  of  such   citi  the   firsl    class   is   ex  officio  clerk 

of  '.he  city  court.     As  clerk  of  the  city  court,  he  shall: 

1.      Take  charge  of,  and   safely  keep,  or  dis] 
cording  to  law,  all   books,  papers,  and   records,   which   may 
be    filed   or   deposited    in    his   office; 

_'.  Issue  all  process  and  notices  required  to  be  issued; 
enter  a  synopsis  for  all  orders  and  judgments  proper  b 
entered,  unless  the  law  or  the  court  shall  require  them  to 
he  entered  at  length;  keep  a  register  of  actions,  in  which 
must  he  entered  the  title  of  each  cause,  and  the  dale  of 
mencement,  names  of  the  attorneys,  a  memorandum 
of  each  subsequent  proceeding  therein,  with  date  the; 
and  the  final  disposition,  or  judgment  therein,  and  indexes 
as  are  required  by  law  to  I > «  kept  by  the  clerk  ol  the  dis- 
trict  court;  a!-"  a  register  of  criminal  actions; 

3      Administer    oaths,    and    perform    such    other    duties 
iy  he   required  by   law. 

686x9.  Rules.  Ever)  city  court  may  make  rules,  not 
inconsistent    with  the  law,  for  it*  own   government,  and   the 

ernment    of    it-    officers,    which    rules    shall    taki 
ten  da)  s  after  the  same  ed. 

686x10.     Jurisdiction,     i  it)    court-    shall    ha  jur- 

n    of   the    foil 

ing    within    the    count)-,    whet  city 

mated,  and  ction   arising    without    tin 


132  CHAP.  XXX.     CITY   COURTS. 

1.  In  actions  arising  on  contract,  for  the  recovery  of 
money  only,  if  the  sum   claimed  is  less  than  $500 ; 

2.  In  actions  for  damages  for  injury  to  the  person,  or 
for  taking  or  detaining  personal  property,  or  for  injury  to 
personal  property,  or  for  an  injury  to  real  property  where 
no  issue  is  raised  by  the  answer  involving  the  plaintiff's 
title  to  or  possession  of  the  same,  if  the  damages  claimed 
be   less  than  $500; 

3.  In  actions  for  a  fine,  penalty,  or  forfeiture,  less 
than  $500,  given  by  statute  or  by  the  ordinances  of  an 
incorporated  city  or  town  where  no  issue  is  raised  by  the 
answer  involving  the  legality  of  any  tax,  impost,  assess- 
ment, toll,  or  municipal  fine; 

4.  In  actions  upon  bonds  or  undertakings  conditioned 
for  the  payment  of  money,  if  the  sum  claimed  is  less  than 
$500,  though  the  penalty  may  exceed  that  sum.  When  the 
payments  are  to  be  made  by  instalments,  an  action  rnay 
be  brought  lor  each  instalment  as  it  becomes  due. 

5.  In  actions  to  recover  the  possession  of  personal 
property  when  the  value  of  such  property  is  less  than  $500. 

6.  To  take  and  enter  judgment  on  the  confession  of 
a  defendant,  when  the  amount  confessed  is  less  than  S500. 

686x11.  Limitation  on  jurisdiction.  The  parties  to  any 
action  in  a  city  court  cannot  give  evidence  upon  any  ques- 
tions which  involve  the  title  or  possession  of  real  prop- 
ertv.  or  which  involve  the  legality  of  any  tax,  impost,  toll, 
or  municipal  fine,  nor  can  any  issue  presenting  such  ques- 
tion be  tried  by  such  court:  and  if  it  appear  from  the 
answer  of  the  defendant  verified  by  his  oath,  or  that  of  his 
agent  or  attorney,  that  the  determination  of  the  action  will 
necessarily  involve  the  question  of  title  or  possession  to 
real  property,  or  involve  the  legality  of  any  tax.  impost, 
toll,  or  municipal  fine,  the  court  must  suspend  all  further 
proceedings  in  the  action,  and  certify  the  pleadings  t"  the 
clerk  of  the  district  court  of  the  count]  in  which  said  city 
court    is   situated;   and    from    the    time   of    filing   such    plead- 


chap,  xxx    cm  cour  rs.  133 

ings    or    transcript    with    the    clerk,    the    district    court    has 

the  action  the  same  jurisdiction  as  if  it  had  been  o 
menced  therein;  provided,  that  in  cases  of  forcible  entry  and 
detainer,   of    which    city    courts    have   jurisdiction,    any   evi- 
dence  otherwise   competent        13    be    given,    and    any    <i! 
tion  properly  involved  therein  may  be  determined. 

686x12.     City    court    has    concurrent    jurisdiction.     The 
city   court    shall    have   concurrent   jurisdiction    with   the   dis 
courts   within  their  respective  counties,  viz: 

1.  In  actions  of  forcible  entry,  forcible  detainer,  or  un- 
lawful detainer,  where  the  whole  amount  of  the  rent  and 
damages    claimed    is    lc-s    than    $500; 

2.  In  actions  to  enforce  and  foreclose  liens  on  per- 
sona; property,  where  the  amount  of  the  liens  and  the  value 
of    the    property    are    each    less    than    S.MK); 

.v  In  actions  for  an  accounting  where  the  final  amount 
involved  doe-  nol  exceed  $500  and  in  which  the  title  to 
real   propert)    i-   not    involved; 

4.     In  any  action   in  equity  relating  Wholly   to 
property    where    the    sunt    involved    and    the    value    of    the 
property    are    each    less    than    $500. 

686x13.     Exclusive    jurisdiction    under    city    ordinances. 
'I'he    city    court    shall    have    exclusive    original    jurisdiction    ol 
rising    under,    or    by    reason    of    the    \iolation    of,    any 
city   ordinances,   and    shall   have   the   same   powers   and   juri-- 
diction  as  jus!  i  'he  peace  iii  all  other  criminal  actions, 

ami   the  judg  iid   courts   shall    I  .    with   all 

power-    and    jurisdiction    of    justices    of    the    peace    as    111.1 

686x14.  Commencing  action  in  city  court.  The  man- 
ner •  ■<   commencing  an   action   in   a  city  court,   the   requis 

irtmons,    and    the    manner    of    service    and    return    of 
summons,    shall    conform    as    nearly    as    may    he    to    the    | 

prescribed     for    district    coin  that    the    sum- 


134  CHAP.  XXX.     CITY   COURTS. 

mons  must  contain  a  direction  that  the  defendant  must 
appear  within  ten  days  after  the  service  of  summons  if 
served  in  the  county  in  which  the  action  is  brought,  other- 
wise within  twenty  days  after  its  service.  If  a  copy  of  the 
complaint  is  not  served  with  the  summons,  the  words  "of 
which  a  copy  is  herewith  served  upon  you,"  may  be  omitted 
or  erased,  and  in  place  thereof  may  be  inserted  the  words, 
"which  within  five  days  after  service  of  this  summons  upon 
you,  will   be  filed   in  said   court." 

If  a  copy  of  the  complaint  be  not  served  with  the 
summons,  and  a  copy  thereof  be  not  deposited  with  the 
clerk  of  said  court  within  five  days  after  service  of  the 
summons,  the  copy  of  the  .summons  served  on  the  de- 
fendant may  be  filed  with  the  clerk  of  the  court  by  the 
defendant,  and  thereupon  the  clerk  shall  docket  said  action, 
and  the  same  shall  be  dismissed  by  the  court,  on  motion 
of  the  defendant,  at  the  cost  of  plaintiff. 

686x15.  Demurrer.  Reply.  The  plaintiff  may  demur 
to  the  answer  or  to  the  counterclaim,  or  if  he  do  not  demur 
thereto,  reply  to  the  counterclaim  within  five  days  after  the 
service  of  the  several  pleadings,  and  the  defendant  may. 
within  five  days  after  the  service  thereof,  demur  to  the 
reply,  or  any  defense  therein,  in  conformity  with  the  prac- 
tice in   district   courts. 

686x16.  Judgments.  Judgments  in  city  courts  must  be 
entered  substantiallv  in  the  form  in  which  they  are  required 
to  be  entered  in  district  courts.  When  the  amount  found 
due  to  either  party  exceeds  the  sum  for  which  the  court 
is  authorized  to  enter  judgment,  such  party  may  remit  the 
excess,  and   judgment   may  be  rendered  for  the  residue. 

1 

686x17.     Motion  for  new  trial.     Appeal.      From   all   final 

judgments  of  a  city  court   a   motion   for  a  new  trial   may   be 

made,  and  an  appeal  may  be  taken  by  either  party  in  a  civil 

case,   or   by   the   defendant    in    a   criminal   case,   to   the   district 


CHAP    XXX      Cm    O  'IK  is  135 

court  of  the  county,  in  the  manner  and  with  like  effect  a 
now  or  may  be  provided  by  law  for  appeals  from  justices' 
courts  in  similar  cases,  and  from  all  final  judgments  in 
the  district  courts,  rendered  upon  such  appeals,  an  appeal 
may  be  taken  to  the  supreme  court  in  like  manner  as  if 
said  actions  wire  originally  commenced  in  the  district  court; 
provided,  however,  when  the  amount  in  controversy  does 
not  exceed  one  hundred  dollars,  exclusive  of  costs,  that  the 
same  shall  be  final,  and  no  appeal  shall  lie  therefrom;  and, 
provided  further,  thai  in  all  cases  involving  the  validit)  01 
constitutional^)  o"f  a  statute  or  ordinance  there  shall  l 
right  of  appeal  to  the  supreme  court;  and  provided  further, 
that,  iIk-  State  in  state  cases,  and  the  city  in  cases  arising 
under  the  city  ordinances,  shall  have  the  right  to  appeal  to 
tin-  district  court  in  like  manner,  and  upon  the  same  grounds 
as  now  provided  by  chapter  41  of  the  code  of  criminal  p 
cedure  for  appeals,  in  cases  arising  in  the  district  court. 

Approved  March  22,  19 

686x18.     Trials    with    and    without    a    jury.     Provisions 
applicable.     All  actions  before  a  city  court,  arising  under  the 
city  ordinances,  shall  be  tried  and  determined  by  such  court 
without  the  intervention  of  a  jury,  except  in  cases  where  im- 
nment   for  a   longer  period   than   thirty   days   is   made  a 
of   the    penalty,   or    where    the    maximum    fine    may    ex- 
The  defendant  shall  demand  a  trial  by  jury  before 
the    commencement    of    the    trial,    and    when    such    a    demand 
shall    lie   made,  a    jury   shall    he   impaneled    in    the    same   man- 
ner  as    provided    for   the    impaneling   of   a   jury    in   just; 
\I1    the  provisions   of   law    which   are   applicabli 
jurors    and    juries    in    civil    and    criminal    actions    in    justii 
com  provided    in    this    chapter, 

applii  city  courts  and  the  proceedings  therein. 

686x19.     Abstracts    docketed    by   clerk   of   district   court. 
Lien.     Execution.      \n    abstract    of    a    judgment    of    the    city 


136  CHAP.  XXX.     CITY   COURTS. 

court  may  be  filed  in  the  office  of  the  clerk  of  the  district 
court  of  any  county  in  the  State,  and  must  be  docketed  in 
the  judgment  docket  of  the  district  court  thereof  in  the 
same  manner  as  abstracts  of  judgments  of  justices'  courts, 
and  when  the  same  is  so  docketed.,  it  shall  be  a  lien  upon 
the  lands  of  the  judgment  debtor,  and  an  execution  may 
be  issued  thereon,  and  it  shall  have  the  same  effect  and 
force  as  a  judgment  of  a  justice's  court,  duly  docketed  in 
the  office  of  the  clerk  of  the  district  court. 

686x20.  Executions  and  process  issued  by  ex  officio 
clerk.  Executions  upon  judgments  and  all  writs  and  process 
except  summons  of  the  city  court,  shall  be  issued  by  the 
ex  officio  clerk  thereof,  and  shall  conform  as  nearly  as 
may  be  to  executions,  writs  and  process  issued  by  the  clerk 
of  the  district  court. 

686x21.  Service  by  sheriff.  Executions  upon  judg- 
ments, and  all  writs  and  process,  except  summons  out  of  a 
city  court  in  civil  actions,  must  be  issued  to  and  served  by 
the   sheriff  of  the   county. 

686x22.  Fees  of  clerk.  For  services  rendered  by  the 
ex  officio  clerk  of  the  city  court,  he  shall  collect  in  advance 
the  fees  hereinafter  enumerated,  and  pay  the  same  into  the 
city  treasury:  For  all  services  performed  by  him  in  any 
action  or  proceeding,  including  the  entry  and  docketing  of 
judgment  by  default,  $2,  to  be  collected  in  advance  from  the 
party  commencing  the  action;  for  trial  of  an  issue  of  fact. 
$2;  for  entering  judgment  by  confession,  $3:  for  issuing 
execution,  25  cents;  for  abstract  of  judgment.  25  cents;  for 
services  in  proceeding  supplementary  to  execution,  $1  ;  for 
transcript  on  appeal  and  certificate  thereto,  $1 ;  for  all  other 
services  not  herein  enumerated,  a  reasonable  compensation. 
to  be  fixed  by  the  judges  of  the  city  court. 

686x23.  Fees  of  witness  in  civil  cases,  in  city  courts 
and  municipal  courts.      Witnesses   in   city   courts  and   munic- 


CHAP.   XXX-     C]  TV    C<  (URTS.  137 

ipal  courts  when  legally  required  or  in  g !   faith  requested 

i"  attend  in  civil  manors  shall  be  entitled  to   th 

and    mileage   as   arc   provided    for    witnesses   in    the   district 

o  lurt. 

\ppn  n  i.l    March   9,    1911. 

686x24.  Ex  officio  custodian  of  papers  and  records.  Tin 
<\  officio  clerk  shall  he  the  i  all  the  files,  pap 

indexes,  and  dockets  of  justii  the  peace  of  cities  of  the 

first  class,  whose  term  of  office  shall  have  expired,  and 
said  justices  of  the  peace  are  herein-  required  and  directed, 
"it  the  termination  of  their  offices,  to  deliver  to  saiil  clerk 
all  of  their  papers,  files,  indexes,  and  dockets,  and  the  said 
clerk  is  hereby  made  n  sponsible  for  the  care  and  safe  keep 
ing  of  all  such  records,  and  the  said  citj  courts  are  hen 
authorized   and   directed   to  proceed   to   hear  and   determine   all 

ms  and  causes  so  pending  before  such  justices  of  the 
peace,  and  to  issue  final  process  therein,  and  to  receive  such 
fees  therefor  as  are  now  or  herein  maj   be  provided  by  law. 

686x25.  Certain  fees  to  be  paid  by  county.  The  fees, 
charges,  and  amounts  for  services  rendered  by  the  city 
curt-  for  services  in  the  trial  and  examination  of  persons 
charged   with  crimes  under  the  I   be   as   now 

provided  by  law  for  justices  of  the  peace,  and  cue  half  of 
the  same  shall  he  paid  to  the  clerk  by  the  county  in  the 
manner  now  provided  by  law.  All  sums  now  required  by 
law  t..  he  paid  to  jurors  and  witnesses  in  criminal  cases  in 
justices'  courts,  arising  under  the  state  laws,  shall  he  paid 
by  the  county  in  the  manner  now  provided  by  law.  and 
all  Miiib  now  reipiireil  by  law  to  he  paid  to  jurors  and  wit- 
nesses in  cases  arising  in  justices'  courts  under  the  citv 
ordinances,  shall  he  paid  in  the  manner  now    provided  by   law. 

686x26.  Fees  collected  in  city  courts  to  be  paid  to  city 
and  county.      All  fees  collected  by  the  ex  officio  clerk  of  cit\ 


138  CHAP.  XXX.     CITY   COURTS. 

courts,  and  all  fines  and  costs,  collected  for  the  violation  of 
city  ordinances,  and  one-half  of  the  fines  collected,  and  one- 
half  of  the  costs  for  violation  of  state  laws,  shall  be  paid  in 
by  him  to  the  city  treasury  of  the  city  of  the  first  class, 
wherein  said  courts  are  established,  and  the  remainder  of 
the  fines  and  costs  collected  for  the  violation  of  state  laws 
shall  be  paid  in  by  him  to  the  state  treasury ;  proi-ided.  that 
in  all  criminal  cases  appealed  to  the  district  court  from  the 
city  court,  where  a  fine,  or  a  fine  and  :osts  -  imposed  by 
the  district  court,  and  collected  by  the  county  clerk,  one-half 
of  such  fine  shall  by  him  be  covered  into  the  state  treasury, 
and  one-half  into  the  city  treasury. 

686x27.  Parties  may  appear  in  person  or  by  attorney. 
Parties  in  city  courts  may  appear  and  act  in  person,  or  by 
attorney.  If  any  person  shall  practice  law  in  a  city  court 
without  having  a  license  as  attorney  and  counselor,  as  pro- 
vided by  law.  he  is  guilty  of  contempt  of  court. 

686x28.  Court  open  every  day.  except.  City  courts 
shall  be  open  for  the  transaction  of  business  every  day 
except  Sundays,  legal  holidays,  and  the  day  on  which  a  gen- 
eral election  is  held:  proz-idcd.  it  can  be  open  upon  any 
of  said  days  for  the  following  purposes : 

1.  To  give,  upon  their  request,  instructions  to  the  jury 
when  deliberating  on  their  verdict : 

To  receive  a  verdict  or  discharge  a  jury: 
3.     For  the  exercise  of  the  powers  of  the  magistrate  in 
a   criminal   action,   or  in   a  proceeding  of  a   criminal   nature, 
and   to   try   persons   charged  with   violating  city   ordinances: 
ded,  that   in   civil  causes  orders  of  arrest   may  be   made 
and    executed,    writs    of   attachment    and    execution    may   be 
d  and  served,  proceedings  to  recover  possession  of  per- 
sonal   property    may    be    had,    and    suits    and    process,    after 
obtaining  any   such   writs,   and   proceedings,   including   crim- 
inal actions,  may  be  instituted,  issued,  and  served  on  anv  dav 


CHAT    XXX      CITY   COURTS.  139 

686x29.  Rules  of  practice.  The  sections  of  the  code 
i  i  civil  procedure,  and  the  amendments  thereto,  relating 
the  rule-  of  practice  and  mode  of  procedure  in  the  disti 
court,  and  providing  for  provisional  remedies,  and  prescrib- 
ing the  practice  and  procedure  in  special  proceedings,  and 
all  the  laws  of  this  state,  except  as  in  this  chapter  other- 
wise provided,  are  applicable  to  the  city  court,  the  necessary 
changes  and  substitutions  being  made  herein.  In  order  that 
the    powers,    rule-   of   practice   and    -  lings   oi 

the  city  court  shall  conform  as  nearlj  as  possible  to  that  ol 
the  disirict  court,  as  the  same  are.  or  may  hereafter  he. 
prescribed  by  law.  and  all  those  sections  of  the  code  of 
criminal  procedure,  ami  the  amendment-  thereto,  relating 
the  trial  of  criminal  actions  in  justices'  court-,  and  the  pro 
cedure  and  practice  of  committing  magistrates,  are  likewise 
made  applicable  to  the  city  court,  the  necessary  changes 
and  substitutions  being  made  therein. 

686x30.     Change  of  venue   in  city  court.      In   any    action 

pending,  or  which  may  be  hereafter  commenced,  in  any 

city   court    in    this   -late,   either   part)    i"    -ail   action    may.    in 

the   discretion    of   the   court,   be   entitled    to  change   of   judge 

when  it  -hall  appear  therein  by  affidavit  or  otherwis 

1.  That  the  judge  before  whom  the  action  is  pending 
and  about   t.>  be  tried,  i-  a  material  witness  tor  either  party: 

J  That  either  party  cannot  have  a  fair  and  impartial 
trial  before  such  judge  by  reason  of  the  interest,  prejudice. 
or  such  judg 

3.  When,  from  any  cause,  a  judge  i-  disqualified  from 
act!' 

4.  When  a  judge  before  whom  an  action  i-  pendiri 
sick  or  unable  to  act. 

686x31.     Id.     But  one  motion  for  change.     A   chang 

ie    had   on    motion    of    the    same    part  v.    more 
than  once  in  any   pending  action. 

686x32.  Id.  In  certain  cases  to  district  judge.  Judge 
pro  tempore.     Whenever,  b)    reasons  of  a   change   of 


140  CHAP.   XXX.     CITY   COURTS. 

granted,  there  is  no  other  judge  of  concurrent  jurisdiction 
before  whom  a  pending  cause  may  be  tried,  the  judge  grant- 
ing the  change  shall,  except  in  cases  hereinafter  mentioned, 
certify  all  pleadings  and  a  transcript  of  the  proceedings  in 
said  cause  to  date  to  the  district  court,  in  and  for  the  county 
where  said  action  is  pending,  where,  within  thirty  days,  the 
party  at  whose  instance  the  change  was  granted  must  docket 
said  cause. 

Thereafter,  said  cause  shall  in  all  respects  be  treated  as 
if  originally  commenced  in  the  district  court :  provided,  that 
in  all  cases  wherein  a  change  of  judge  is  granted,  and  such 
change  would  result  in  certification  of  said  cause,  to  the  dis- 
trict court,  the  parties  litigant  may.  by  written  stipulation 
filed  in  said  cause,  agree  upon  a  judge  pro  tempore  for  the 
trial  of  said  cause.  The  party  so  agreed  upon  as  judge  pro 
tempore,  must  be  a  member  of  the  bar  in  good  standing, 
and,  when  appointed  by  stipulation  in  any  cause,  shall  in 
said  cause  have  and  exercise  all  the  powers  and  jurisdiction 
of  a  regularly  elected  judge  of  the  city  court. 

686x33.  Fees  of  judge  pro  tempore.  The  fees  of  a 
judge  pro  tempore  in  the  city  court,  unless  otherwise  agreed 
upon  by  the  parties  litigant  and  the  party  acting  as  judge 
pro  tempore,  shall  be  $10  per  day,  to  be  taxed  as  costs  by  the 
successful  party. 

686x34.  City  court  seal.  All  city  courts  in  cities  of  the 
first  class  shall  have  a  seal,  which,  after  this  chapter  goes 
into  effect,  shall  be  affixed  to  all  writs  and  process  issued 
out  of  such  courts. 

686x35.  Id.  Form.  Such  seal  --hall  be  in  circular  form, 
not  to  exceed  two   inches   in   diameter,   and   shall    contain    in 

its  impression  nothing  but  the  words  "City  Court  of 

(inserting  the  name  of  the  city)  seal.'"  surrounded  by  a 
scroll. 

686x36.  Id.  Custodian  of.  The  clerk  of  the  court  shall 
be  the  custodian  of  the  seal. 


CHAP.    \X\1      DISQUALIFICATION    OF  JUDGES.       141 

CHAPTER  XXXI. 
DISQUALIFIC  \  I'M  >N  I  IF  JUDGES. 

692.  When  disqualified.  Except  1>\  consenl  of  all  par- 
ties, ii"  justice,  judge,  nor  justice  of  the  peace  shall   -it   or 

is  such  in  anj  action  or  proceeding: 

1.  To  which  he  is  a  party,  or  in  which  he  i-  interested; 

2.  When  he  i-  related  u<  cither  party  b)    consanguinity 
■  >r   affinity   within   the  third   degree,   computed    according 
the  rules  of  law  : 

3.  When  he  has  been  attorney  or  counsel  for  either 
party  in  the  action  "r  proceeding. 

But  the  provisions  of  this  section  shall  not  apply  to  the 
ngement   of  the  calendar  or  the   regulation   of  the  order 

of  business,  nor  to  the  power  of  transferring  the  action  or 

proceeding  t"  -"me  other  court. 

693.  Judge  cannot  act  as  attorney.  Exception.  A  jus- 
tice of  the  suprei  irt,  "i"  a  judge  of  the  district  court, 
•  >r  .  if  a  city  court,  "r  a  judge  of  a  municipal  court, 
cannol  act  as  an  attorney  or  counsel  in  the  court  of  which  he 

••  in  any  other  court,  except  in  an  action  or  pro- 

vhich   he   i-   a   party   of   record;  that    a 

ity  court  and  a  judge  of  a  municipal  court,  shall 

permitted    t"   practici  the   district    courts    in    this 

ted  probate  matter-.      \m'd  '05,  p.  8. 

694.  Judge's   partner   acting   as  attorney.      \" 

■    judicial  officer  -hall   have  a  partner  acting  rney 

"r  counsel  in  any  court  of  this  state. 

695.  Sittings    public.      Tin  ry    court    of 
re  public                                    in  the  n  •>! 

10 


142       CHAP.   XXXI.     DISQUALIFICATION    OF  JUDGES. 

696.  Id.  Exceptions.  In  an  action  for  divorce,  criminal 
conversation,  seduction,  abortion,  rape,  or  assault  with  intent 
to  commit  rape,  the  court  may,  in  its  discretion,  exclude  all 
persons  who  are  not  directly  interested  therein,  except  jurors, 
witnesses,  and  officers  of  the  court;  provided,  that  in  any 
cause  the  court  may,  in  its  discretion,  during  the  examina- 
tion of  a  witness,  exclude  any  and  all  other  witnesses  in 
the   cause. 

3678.  Party  may  appear  in  person  or  by  attorney.  Who 
may  act  as  attorney.  Parties  in  justices'  courts,  in  cities 
other  than  the  first  cla>s.  may  appear  and  act  in  person,  or 
by  attorney,  and  any  person,  except  the  officer  by  whom 
the  summons  or  jury  process  was  served,  may  act  as  attor- 
ney: provided,  that  in  cities  of  the  first  class,  no  person  other 
than  the  parties  to  the  action  shall  conduct  or  prosecute  a 
suit  in  a  justice,  city,  or  municipal  court  except  attorneys 
at  law  who  shall  have  been  regularly  admitted  to  practice 
in  the  courts  of  this  state. 


!■    XXXIII.     STENOGRAPHERS.  143 

CHAPTER  XXXIII. 

CITY  C<  >URT  STENOGRAPHER 

728x2.  Judge  may  employ.  Any  judge  of  the  city 
courl  in  cities  of  t lie  firsl  class  may  employ  and  contract 
with  a  competent  stenographer  to  report  the  proceedings 
in  any  civil  case  in  such  court,  where  the  amount  involved 
in  controversy  exceeds  the  sum  of  £100,  and  upon  the  request 
of  either  party  to  such  action. 

728x3.  Compensation.  How  paid.  The  amount  to  be 
paid  such  stenographer  shall  not  exci  r  day  for  actual 

service-   rendered   in   reporting,  and   he   shall   be  allowed   to 
charge   eight   cent-   per   folio   for  a   transcript    of   his   no 

The  per  diem  shall  he  paid  "tit  of  the  city  treasury. 

728x4.  Reporter's  fees.  The  party  requesting  the  re- 
porter'- services  -hall  pay  to  the  clerk  the  -tint  of  $3  as  re- 
porter'- fee-,  and  the  same  shall  he  taxed  a-  costs  in  the 
action. 


144  CHAP.   XXXIV.     ELECTIONS. 

CHAPTER  XXXIV. 

ELECTIONS. 

782.  Special  election  defined.  Special  elections  are  such 
as  are  held  at  other  times,  for  any  purpose  required  by  law 
except  municipal  and  school  elections. 

817.  Duty  of  registry  agent.  It  shall  be  the  duty  of 
the  registry  agents  appointed  as  herein  provided  for  the 
election  districts  within  the  several  incorporated  cities  and 
towns,  at  any  time  when  called  upon  to  do  so  at  their  respec- 
tive offices,  and  not  elsewhere,  between  the  hours  of  eight 
o'clock  a.  m.  and  nine  o'clock  p.  m.  of  the  first  and  third 
Tuesdays,  and  also  in  cities  of  the  first  md  second  class, 
the  fourth  Tuesday,  prior  to  the  municipal  or  town  election, 
to  receive  and  register  the  names  of  all  persons  applying 
for  registration  who  are  legally  qualified  and  entitled  to 
vote  at  such  election,  or  who  will  legally  have  acquired  a 
residence  (being  otherwise  qualified)  and  who  have  a  right 
to  vote  at  such  ensuing  election  according  to  the  provisions 
of  law  under  which  such  election  may  be  held  in  each  elec- 
tion district.  The  expense  of  such  registration  shall  be  paid 
by  the  city  or  town  from  which  the  same  is  made. 

818.  Id.  Official  Registry.  Before  the  day  on  which 
any  special  election  is  appointed  to  be  held,  and  in  cities 
of  the  first  and  second  class,  before  the  day  on  which  any 
primary  election  is  appointed  to  be  held,  the  registry  agent 
must  furnish  one  of  the  judges  in  his  election  district,  at  a 
time  not  later  than  one  day  next  preceding  the  day  on 
which  the  election  is  to  be  held,  a  copy  of  the  official  registry 
for  his  district,  but  no  copies  need  be  posted. 

821.  Person  must  register  to  vote.  Xo  person  shall 
hereafter  be  permitted  t"  vote  at  any  general,  special,  munici- 


CHAP.    XXXIV.     ELECTIONS.  145 

pal,  school  election  or  at  any  primary  election  for  the 
nomination  of  officers  to  be  voted  for  at  municipal  elections 
in  cities  of  the  first  and  second  class,  without  having  first 
been  registered  within  the  time  and  in  the  manner  and  form 
required  by  the  provisions  of  this  chapter. 

821x.  Presiding  officers,  and  judges  of  elections  at 
primary  elections.  Opening  and  closing  of  polls.  Exception. 
Political  parties,  organizations,  or  associations  in  this  state 
may  appoint  presiding  officers  and  judges  of  election  at 
any  primary  election  that  they  may  deem  just  and  propel 
In  all  cities  of  the  first  and  second  class  the  polls  at  such 
primary  election  shall  he  open  at  four  o'clock  in  the  afternoon 
and  close  at  nine  o'clock  in  the  afternoon  of  the  same  day 
on  which  such  election  is  held ;  provided,  however,  that  the 
foregoing  provisions  shall  nol  apply  to  primary  elections  for 
the  nomination  of  officers  provided  by  law  to  he  elected  in 
cities  of  the  first  and  second  class.  In  cities  of  the  first 
and  second  class  primary  elections  for  the  nomination  of 
officers  shall  be  conducted  as  provided  in  Section  2  of 
this   act. 

821x1.  Who  entitled  to  vote.  No  person  shall  be  en- 
:  t>>  vote  at  any  primary  election  unless  of  the  age  of 
twenty-one  years,  and  a  duly  qualified  voter  under  the  laws 
of  this  State,  or  shall  have  been  a  duly  qualified  voter  at  the 
next  ensuing  State,  city,  or  school  election  for  which  such 
primary  is  being  held  under  the  prescribed  rules  and  regula- 
tions of  the  political  party,  or  organization,  or  association 
so  holding  the  primary  election,  provided,  'hat  in  the  selec- 
tions of  candidate>  t.>  he  voted  for  at  elections  for  municipal 
offices,  ni  cities  of  the  first  and  second  ilasv.  all  persons 
entitled  to  vote  at  the  ensuing  city  election  shall  he  entitled 
to  participate  in  such  primary. 

822.     Nominations.     Any    convention    of    delegates    of    a 
political  party   which  presented  candidates  at  the  last  preced- 


146  CHAP.   XXXIV.     ELECTIONS. 

ing  election  held  for  the  purpose  of  making  nominations  for 
public  office,  and  also  voters  to  the  number  and  in  the 
manner  specified  in  Section  825.  may  nominate  candidates 
for  public  offices  to  be  filled  by  election  within  this  State. 
A  convention  within  the  meaning  of  this  chapter  is  an  organ- 
ized assemblage  of  voters  or  delegates  representing  a  political 
part}-  which  at  the  election  before  the  holding  of  such 
convention  polled  at  least  two  per  cent,  of  the  entire  vote 
cast  in  the  State,  county,  or  other  political  division  or  dis- 
trict for  which  the  nomination  may  be  made.  A  committee 
appointed  by  any  such  convention  may  also  make  nomina- 
tions to  public  office  or  fill  any  vacancies  in  the  nominations 
made  by  the  convention  when  authorized  to  do  so  by  resolu- 
tion duly  passed  by  the  convention  at  which  the  such  com- 
mittee was  appointed.  Provided  that  nothing  in  this  section 
or  chapter  contained  shall  be  constructed  so  as  to  authorize 
any  number  of  voters,  convention,  or  committee  of  any 
political  party  to  nominate  more  than  one  group  of  candi- 
dates or  have  placed  on  the  official  ballot  more  than  one 
group  of  candidates  or  more  than  one  ticket,  by  adopting 
any  name,  emblem  or  device,  other  than  the  regular  name, 
emblem,  and  device  of  the  political  party  represented  by 
the  voters,  committee  or  convention  making  such  nomina- 
tion ;  provided,  further,  that  any  voters,  convention  or 
committee  of  any  political  party  may  nominate  any  one 
or  more  person  or  persons  who  may  have  been  nominated 
by  any  other  voters,  convention  or  committee,  but  in  making 
such  nomination,  the  name  of  such  nominee  shall  be  placed 
upon  the  regular  ticket  of  the  political  party  represented  by 
the  voters,  convention  or  committee  making  such  nomination 
and  no  political  party  shall  be  permitted  to  have  placed  upon 
the  official  ballot,  either  directly  or  indirectly,  more  than 
one  ticket  or  more  than  one  group  of  candidates  or  to  i;roup 
the  same  persons  on  different  ticket-  In  the  same  party 
under  a  different  name  or  emblem. 

In   cities   of   the   first    and    second   class   .ill    candidates    for 


\r    XXXIV      ELECTIONS.  147 

municipal  offices  shall  be  nominated  as  provided  b)    Section 
2  i  if  this  act. 

825.     Id.     Candidates  for  public  office  except  candidates 
for  municipal  offices  in  cities  of  the   firsl   and   second   class, 
ma)    be   nominated   otherwise   than   by    convention   or   i 
mittee   in   the   manner   following:      \   certificate   of   nomina- 
tion (.-"111.1111111-  tlir  names  of  candidates  For  the  offices  t"  be 
filled  with  such  information  as  is  required  to  be  given  in  the 
certificates  a-  hereinbefore  provided   for  in  other  cases,  ex- 
cept that   such  certificates  shall   designate  in   nol    more   than 
Five  words,   instead  of  a   party,  the   political   or  other   name 
winch  the  signers  .-hall   -elect,  -hall  he  signed  by   voters  re- 
siding within  the  district   or  political   division   and    for   which 
the  officer  it  officers  arc  to  he  elected,  to  the  numbei 
lea-t   Five  hundred,  when   the  nomination   1-   for  an  office  to 
he    filled    by    the    enters   of   the    entire    State     of   at    least    i  ne 
hundred,  when  the  nominations  for  an  office  to  be  filled  by 
the    voters   of    the   district    less    than    the    State    and    greater 
than  a  county,  or  by  the  voters  of  a  county;  and  of  at  least 
fifty;   when   the  nomination   is   for  an  office   to  be   Filled   by 
all   the   voters  of  a   precinct,   town,   city,   or  other   divisions; 
le-s  than  a  comity.     The  signatures  to  a  certificate  of  nomi 
nation  need  not  all  he  appended  to  one  paper.     The  certificate 
may  designate  or  appoint  upon  the  face  thereof  one  or  more 
persons,   who.   for  the   purposes   set    forth   in   Section  S33   and 
shall    represent    the    signers    of    said    certificate.      Each 
voter   signing    a    certificate    shall    add    to   his    signature,    his 
place  of  residence,  and   shall,  before  an  officer  duly  author 
ized    to   take   acknowledgments,    acknowledge    his    signature 
and   take  oath    that    he   i-  a    voter   within    and    for   the    political 
division    for   which    such    nomination    i-    made,   and    ha-    truly 
ted    hi-    residence.      Such    certificate   shall    also   contain    a 
tement  bj   the  voter  that  the  name  or  names  of  the  person 
or   persons   nominated   in    the   certificate    will    not   he    printed 
upon    the    official    ballot,    or    upon    any    party    ticket    a-    the 
inees  of  an)    political  party  or  voters  and  that   the  name 


148  CHAP.   XXX IV.     ELECTIONS. 

or  names  of  the  persons  nominated  in  the  certificate  will 
not  be  printed  upon  the  official  ballot  under  the  name  or 
device  adopted  in  the  certificate.  It  is  hereby  made  the 
duty  of  the  officers  making  up  the  official  ballot  to  erase 
from  the  certificate  any  name  or  names  of  nominees  con- 
tained in  such  certificate  that  will  otherwise  appear  printed 
upon  the  official  ballot  as  the  party  ticket.  Such  certificate, 
when  executed  and  acknowledged  as  above  prescribed,  may 
be  filed  as  provided  for  in  Section  824.  in  the  same  manner 
and  with  the  same  effect  as  a  certificate  of  nomination  made 
by  a  convention  or  committee  as  provided  for  in  Section 
822;  provided,  however,  that  in  cities  of  the  first  and  second 
class  all  candidates  for  municipal  offices  shall  be  nominated 
as  provided  in  Section  2  of  this  act. 

830.     List    of    nominations    to    be    published    or    posted. 

Before  an  election  to  fill  any  public  office,  the  county  clerk 
of  each  county  or  recorder  of  each  city,  or  town  clerk  of 
each  town,  shall  publish  in  at  least  one  and  not  more  than 
two  newspapers  published  within  the  county,  city,  or  town, 
as  the  case  may  lie,  or  post  notices  in  at  least  three  con- 
spicuous places  in  each  precinct  where  such  election  is  to  be 
held,  a  list  of  all  the  nominations  to  offices  certified  to  him 
under  the  provisions  of  this  chapter:  provided,  however,  that 
in  cities  of  the  first  and  second  class  publication  of  nomina- 
iiiui  of  candidates  shall  be  made  as  provided  in  Section  2 
of  this  act.  Such  publication  shall  be  made  three  times, 
except  as  otherwise  provided  in  this  section,  the  first  publi- 
cation to  be  not  less  than  six  days  nor  more  than  ten  days 
prior  to  the  day  of  election,  and  shall  contain  the  name  and 
the  party  or  other  designation  of  each  candidate,  and  shall 
be,  as  far  as  possible,  in  the  form  of  the  official  ballots.  In 
the  case  of  municipal  elections,  such  publication  of  the  names 
of  candidates  for  municipal  offices  shall  be  made  in  news- 
papers which  are  published  in  the  municipality  where  the 
election  is  to  be  held.  One  of  such  publications  shall  be 
made    in    the    newspapers    which    advocate    the    principles   of 


CHAP.   XXXIV.     !•.  I  El    riONS.  149 

the  political   part)    thai   at   the  lasl    pre<  election 

the  largesl  number  of  votes  and  another  of  such  publica- 
tions, if  more  than  one  is  to  be  made  shall  be  in  the  news- 
paper which  advocates  the  principles  of  the  political  p: 
which  at  the  last  preceding  state  election  cast  the  next 
largest  number  of  votes.  The  clerk  or  recorder  in  selecting 
the  respective  papers  for  such  publications,  shall  selecl  those 
which,  according  to  the  besl  information  he  can  obtain,  have 
the  largest  circulation  within  the  county.  It'  there  be  no 
daily  newspaper  published  within  the  county,  city,  or  town, 
as  the  case  may  be,  one  publication  in  each  newspaper  shall 
be  sufficient.     Should  the  clerk  or  recorder  find  it  imprai 

to   make   the   publication   six   days   before    the   election 
day,   in   counties    where   no   daily    newspaper   is   printed,   he 
shall  make  the  same  at   the  earliest   possible  da)    thereafter, 
the   publications   in   any   newspaper   shall   be   in   the 
last    issue   thereof  before   the   da)    of   election.      In    counties, 
cities,  or  towns  where  it  i^  impracticable  to  make  publication 
in  newspapers   advocating   opposite   political   principles,   pub- 
lication shall  be  made  in  the  newspapers  having  the  largest 
circulation.       In    counties,    cities,    or    towns    where    there    are 
no    newspapers    published,    the    clerk    or    recorder    shall     p 
double  the  number  of  printed   lists,  ami   Midi  additional   lists 
he   posted   in   other   conspicuous   places   in   different    por- 
-  '<i  the  county,  city,  or  town,  as  the  case  ma\    be. 

831.  Copies  of  nomination  lists  to  registry  agents. 
Posting  same.  The  county  clerk  of  each  county  and  the 
city  recorder  of  each  city,  and   the  town   clerk   of  each   town. 

ection    day,    send    to    the 

-try  agent  in  each  election  district  in  such  county, 
town,   at    least    five   or    not    more    than    ten 

each  election  district,  of  pruned  list-  containing  the 
name  and  party  or  other  designation  of  each  candidate 
nominated,  as  hereinbefore  provided,  t"  be  voted  for  by  tin- 
voters  of  the  respective  counties,  cities,  or  towns.  Such  lists 
shall,   at   least    three   ■lays   before    the   day   of   election    he 


150  CHAP.   XXXIV.     ELECTIONS. 

tpicuously  posted  by  such  registry  agents  in  one  or  more 
public  places  in  each  election  district  of  the  county,  city, 
or  town,  one  or  more  of  which  shall  be  duly  posted  where 
such  election  is  to  be  held;  provided,  that  in  elections  for 
municipal  offices  in  cities  of  the  first  and  second  class  the 
printed  lists  containing  the  names  of  candidates  shall  be 
arranged  as  provided  in  Section  2  of  this  act. 

834.  Vacancies.  Should  any  perspn  so  nominated  re- 
sign or  decline  the  nomination,  as  in  this  chapter  pro- 
vided, or  die  before  election  day,  or  should  any  certificate 
of  nomination  be  insufficient  or  inoperative,  because  of 
failure  to  remedy  or  cure  the  same,  the  vacancy  or  vacan- 
cies thus  occasioned  ma)-  be  filled  in  the  same  manner 
required  in  the  original  nomination.  If  the  original  nom- 
ination was  made  for  a  party  convention  which  had  dele- 
gated to  a  committee  the  power  to  fill  vacancies,  such 
committee  may.  upon  the  occurring  of  such  vacancies,  pro- 
ceed to  fill  the  same.  The  chairman  and  secretary  of  such 
committee  shall  thereupon  make  and  file  with  the  proper 
officer  a  certificate,  setting  forth  the  cause  of  the  vacancy, 
the  name  of  the  person  nominated,  the  office  for  which  he 
was  nominated,  the  name  of  the  person  fur  whom  the  new 
nominee  is  to  be  substituted,  the  fact  that  the  committee 
was  authorized  to  fill  vacancies,  and  such  further  infor- 
mation as  is  required  to  be  given  in  an  original  certificate 
of  nomination.  The  certificate  so  made  shall  be  executed 
and  sworn  to  in  the  manner  prescribed  for  the  original 
certificate  of  nomination,  and  shall,  upon  being  filed  at 
least  eight  days  before  the  election,  have  the  same  force 
and  effect  as  an  original  certificate  oi  nomination.  When 
Mich  certificate  shall  be  filed  with  the  secretary  of  state, 
he  shall,  in  certifying  the  nominations  to  the  various  county 
clerks,  insert  the  name  of  the  person  who  has  been  nom- 
inated to  fill  the  vacancy  in  place  of  the  original  nominee. 
and  in  the  event  that  he  has  already  sent  forward  his 
certificate,    he    shall    forthwith    certify    to    the    countv    clerks 


CHAP.   XXXIV      HI  It    1  [(  INS.  151 

oi  the  proper  counties  the  name  and  description  of  the 
person  so  nominated  to  fill  the  vacancy,  the  office  he  is 
nominated  for,  together  with  the  other  details  mentioi 
in  the  certificate  of  nominations  so  filed  with  the  secretarj 
state,  and  the  name  of  the  person  for  whom  such  nom- 
inee is  substituted.  The  chairman  and  secretary  of  such 
committee  may  in  like  manner  make  and  file  with  the 
proper  officer  a  certificate,  setting  forth  the  occurrence 
of  a  vacancy  by  death,  resignation,  or  otherwise,  and  the 
further  fact  that  it  is  not  the  intention  of  such  committee 
to  lill  such  vacancy.  \\  hen  such  certificate  shall  be  filed 
with  the  secretary  of  state,  he  shall  certify  such  vacancy 
to  the  several  county  clerks  forthwith.  I  he  secretar)  ol 
shall  not  be  required  to  make  any  certificate  of  new 
inations  or  vacancies  after  eighl  days  before  election 
day.  exclusive  of  election  day;  provided,  Iwivever,  that  in 
cities  of  the  first  and  second  class,  should  any  candidate 
may^r  or  commissioner  resign,  or  decline  the 
nomination,  or  die  before  election  day,  or  for  any  other 
reason  should  such  nomination  become  vacant,  void  01 
inoperative,  then  and  in  that  event  the  candidate  receiving 
the  next  highest  number  of  votes  at  the  primary  election 
held  for  the  nomination  of  such  candidate  as  in  this  act 
provided,   shall   he   the   candidate   to   fill   such   vacancy. 

V<  >TING   MACHINES. 

868x.  Commission  on  voting  machines  established. 
Duties.      The    governor,    secretary    of    state,    ami    attorney 

ral.  ami  their  successors  in  office,  are  hereby  created 
and  constituted  the  state  commission  on  voting  or  ballot- 
ing machines,  h  shall  lie  the  dntv  of  said  commissioners 
me  all   voting  -r  balloting  machines   which   maj 

red  for  their  inspection  in  order  to  determine  whether 
such  machines  comply  with  the  requirements  of  this  cha] 

and     can     safely    be    used    by     voters    at     elections     under     the 
provisii  ns  of  this  chapter:  and  no  machine  or  machines  shall 


152  CHAP.  XXXIV.     ELECTIONS. 

be  provided  by  the  board  of  county  commissioners  or  city 
council,  or  other  board  having  charge  and  control  of  elec- 
tions in  each  of  the  counties  and  cities  or  towns  of  the 
State,  unless  the  said  machine  or  machines  shall  have 
received  the  approval  of  a  majority  of  said  commission  as 
herein  provided. 

868x1.  Commission  to  report  on  machines.  Only  ap- 
proved machines  to  be  used.  Any  machine  or  machines 
which  shall  have  the  approval  of  a  majority  of  said  com- 
mission may  be  provided  for  use  at  elections  by  the  boards 
authorized  so  to  do  under  the  provisions  of  this  chapter. 
The  report  of  said  commission  on  each  and  every  kind  of 
voting  or  balloting  machine  shall  be  filed  with  the  secretary 
of  state  within  thirty  days  after  their  examination  of  said 
machines,  and  the  secretary  of  state  must,  within  five  days 
after  the  filing  of  any  report  approving  any  machine  or 
machines,  transmit  to  the  board  of  county  commissioners 
or  city  council,  or  other  boards  having  charge  and  control? 
of  elections  in  each  of  the  counties,  cities,  or  towns  of  the 
State,  a  list  of  the  machines  so  approved;  provided,  that 
no  such  machine  or  machines  shall  be  purchased  unless  the 
party  or  parties  making  the  sale  shall  guarantee  in  writing 
to  keep  the  machine  or  machines  in  good  working  order 
for  five  years  without  additional  cost,  and  shall  give  a 
sufficient  bond  conditional  to  that  effect  to  be  filed  and 
approved  by  the  secretary  of  state. 

868x2.  Approval  ninety  days  before  election.  Xo  ma- 
chine or  machines  shall  be  used  unless  such  machine  or 
machines  shall  have  received  the  approval  of  the  state 
commission  at  least  ninety  days  prioi  to  any  election  at 
which  such  machine  or  machines  are  to  be  used. 

868x3.  County  or  city  authorities  may  provide  for  the 
use  of  voting  machines.  The  board  of  county  commission- 
ers,  city  council,  or  other  board  having  charge  and   control 


CHAP    XXXIV.     ELECTIONS  153 

of  elections  in  each  of  the  counties,  cities,  or  towns  of  the 
State  may,  at  any  regular  meeting,  or  at  any  special  meet- 
ing called  For  thai  purpose,  provide  for  and  require  the 
use  of  a  voting  or  balloting  machine,  or  machines  for 
receiving  and  registering  the  vote  at  any  or  all  elections 
hell  in  such  county,  city,  or  town,  respectively,  or  in  any 
one  or  mure  of  the  election  <  1  i  - 1 r i >.- 1  -  or  precincts  thei 
and  every  such  board  of  county  commissioners,  city  council 
or  ether  board  having  charge  ami  control  of  elections  in 
eaeh  of  the  counties,  cities,  or  towns  of  this  state,  may 
determine  upon  and  require  the  use  of  voting  or  balloting 
machines  at  any  or  all  elections  to  be  held  within  such 
county,  city,  or  town  of  the  state,  or  in  one  or  more  election 
districts  or  precincts  thereof,  and  thereupon  the  voting  or 
balloting  machine  or  machine-  so  determined  upon  anil  re- 
quired   shall   he   used   in   voting   for  all   public  officers   ti 

1  for  by  the  voters  of  such  counties,  cities,  or  towns 
of   the   state,  or  in   the  election   district    or   districts,   precind 

recincts  thereof,  for  which  the  same  -hall  have  been 
so  determined  upon  and  required,  and  also  in  voting  upon 
all  amendments  to  the  constitution,  and  upon  all  laws  or 
propositions  or  questions   which   may  he   lawfully   submitted 

and  for  receiving  and   registering  the   \ 
casl  at  any  and  every  such  election. 

868x4.  City  and  county  may  jointly  own  machines. 
In   purchasing  the   nece-  ting   or   balloting   machines 

to    b  herein    provided,    the    hoards    of 

county  commissioners  of  city  councils  of  the   several   coun- 
-  t   town-   may,   by   agreement    entered    into   by 
sail!  [  county  commissioners  and  the  city  council  of 

any  incorporated  city  or  town  in  such  county,  provide  for 
the   joint    purchase   and  tenl    ownership    thereof,    and 

for  the  care,  maintenance,  and  use  of  the  same.  Payment 
for  voting  machines  purchased  may  he  provided  for  in 
such    manner    a-  -tied    for    th  of    the 

■  t y.    city,   or   town    purchasing    the    machines;    and    any 


154  CHAP.   XXXIV.     ELECTIONS. 

such  count)',  city,  or  town  may  for  that  purpose  issue 
bonds,  notes,  certificates  of  indebtedness,  or  other  obliga- 
tions, which  shall  be  a  charge  upon  such  county,  city,  or 
ti  nvn. 

868x5.  Requirements  of  voting  machines.  No  voting 
or  balloting  machine  shall  be  approved  by  the  said  com- 
mission hereinbefore  referred  to  unless  the  same  be  so 
constructed  as  to  provide  facilities  for  voting  for  the  can- 
didates of  as  many  different  parties  or  organizations  as 
may  make  nominations  for  office,  and  for  and  against  as 
many  different  propositions  or  amendments  as  may  be  sub- 
mitted ;  nor  shall  any  such  machine  be  approved  unless  the 
same  will  permit  a  voter  to  vote  for  any  person  for  any 
office;  it  must  enable  the  voter  to  vote  and  select  a  ticket 
all  from  the  nominees  of  one  party,  or  a  ticket  selected 
in  part  from  the  nominees  of  one  party,  and  in  part  from 
the  nominees  of  any  or  all  other  parties,  and  in  part  from 
independent  nominations,  or  in  part  or  in  whole  of  the 
names  of  persons  not  nominated  by  any  party  or  upon  any 
independent  ticket.  Such  machines  must  also  secure  to 
the  voter  privacy  and  secrecy  in  the  act  of  voting.  Such 
machines  must  also  be  so  constructed  that  a  voter  cannot 
vote  for  a  candidate  or  a  proposition  or  amendment  for 
whom  or  on  which  he  is  not  lawfully  entitled  to  vote,  also 
to  prevent  voting  for  more  than  one  person  for  the  same 
office,  in  which  event  they  must  enable  the  voter  to  vote 
for  as  many  persons  for  that  office  as  he  is  by  law  entitled 
to  vote  for,  and  no  more;  they  must  also  prevent  his  voting 
more  than  once  for  the  same  person  for  the  same  office;  and 
allow  of  his  reversing  his  vote  in  case  of  mistake  or 
desire  to  change;  and  such  machines  must  be  so  con- 
structed that  all  votes  cast  for  any  person  voted  for,  or 
for  or  against  any  proposition  or  amendment  submitted 
lo  the  voters,  shall  be  accurately  regi  tered  or  recorded: 
and  any  machine  to  be  approved  by  said  commission  here- 
inbefore   referred    to    must    lie    of    such    kind,    style,    or    pat- 


CHAT.   XXXIV.     ELECTIONS.  155 

in ii  as  will  permit  the  exercise  by  each  voter  oi  the  full 
right  and  privilege  of  his  elective  franchise  under  the 
constitution  and  laws  of  this  state. 

868x6.  County  and  city  authorities  to  provide  and  care 
for  machines.  The  board  of  enmity  commissioners,  or 
cit)  council,  or  other  hoard  having  charge  and  control  of 
elections  adopting  a  voting  or  balloting  machine  shall,  as 
-""ii  as  practicable  thereafter,  provide  for  such  polling 
place  or  places  as  the)  may  determine,  one  or  more  voting 
machines   in   complete   working  order,   and   also   such   other 

ssories  as  maj  be  required  for  the  practical  working 
of  the  machine,  and  shall  thereafter  preserve  and  keep  the 
machines  m  repair,  and  shall  have  the  custody  of  the  furni- 
ture and  equipment.  If  it  shall  be  impracticabli  M'P'y 
each  and  every  election  district  with  a  voting  or  balloting 
machine  or  machine-  at  any  election  following  such  adop- 
tion, as  many  may  be  supplied  as  it  is  practicable  to  pro- 
cure, and  the  -ante  may  be  used  in  such  election  districts 
'•r  precincts  within  the  county,  city,  or  town  as  the  board 
having  control  may  direct. 

868x7.  Stationery  and  instructions.  The  officers 
charged  with  the  duty  of  providing  ballots  shall  provide 
three  complel  of  ballots  for  each  voting   machine,  one 

ilaced  in  the  machine  when  it  is  prepared  for 
the  election  by  the  custodian,  one  set  to  be  given  to  the 
election    officers    with    the    election    supplies,    and    one 

be  held  in  reserve.  Such  ballots  shall  be  printed  in 
black  ink  on  clear  white  material  of  such  size  as  will  fit 
the  ballot  hohhr-  on  the  machine,  and  -hall,  in  as  large, 
plain,  clear  letter-  a-  the  space  will  reasonably  permit,  show 
the    nan  such    parties,    officer-,    and    candidates,    and 

ments  of   such  questions,  a-  air   to  be   voted  on.     The 
with    tlu-    duty    of    providing    ballots    -hall 
provide   for  each   election   district    in    which   a   voting   machine 

d  at    least    two   sample  ball  h  of   which 


156  CHAP.  XXXIV.     ELECTION'S. 

shall  be  arranged  in  the  form  of  a  diagram  showing  such 
portion  of  the  face  of  the  machine  as  shall  contain  the 
machine's  ballot  herein  referred  to.  The  officers  chai  - 
with  the  duty  of  providing  ballots  shall  pravide  for  each 
election  district  in  which  a  voting  machine  is  to  be  used 
the  proper  instructions  to  voters  for  voting  on  the  machine, 
and  the  proper  blanks,  certificates,  tally  sheets,  and  other 
printed  matter  necessary  for  the  proper  preparing  of  the 
machine  and  conducting  of  the  election,  and  for  making 
the  returns  thereof,  according  to  the  type  of  machine  to  be 
used.  With  the  exception  of  such  ballots  and  sample  ba'  - 
as  shall  be  delivered  with  the  machines  to  the  polling  places. 
all  stationery  and  supplies  shall  be  delivered  to  one  of  the 
election  officers  of  each  election  district  not  later  than 
twelve  hours  next  preceding  the  election.  Two  copies  of 
the  official  registry  list  shall  be  furnished  to  the  judges 
of  election  of  each  election  district  in  which  a  voting 
machine  is  to  be  used.  On  each  page  of  such  copies  shall 
be  provided  a  column  in  which  shall  be  written  in  figures 
the  number  of  each  voter  voting,  as  indicated  by  the  order 
in  which  he  shall  vote.  In  all  other  respects  said  registry 
list  shall  be  arranged  as  now  provided  by  the  law  governing 
the  arrangement  of  such  registry  lists.  No  poll  books  shall 
be  furnished  for  any  election  district  in  which  a  voting 
machine  is  sed. 

868x8.  Duties  of  county  clerk,  city  recorder,  or  town 
clerk.  The  county  clerk,  city  recorder,  or  town  clerk, 
other  officer  having  charge  and  control  of  the  election  in 
an  election  district  in  which  a  voting  machine  is  to  be 
used,  shall  cause  the  proper  ballot-  I  be  placed  on  the 
machine  corresponding  with  the  sample  ballots  herein  pro- 
vide']   for,    and    the    machines    in    every    way    put    in    order, 

and  adjusted,  ready  for  use  in  voting  at  such  election; 
and.  for  the  purpose  of  so  labeling,  putting  in  order,  setting, 
and  adjusting  the  machine,  he  may  employ  one  or  more 
competent    persons   who   shall   be   known   as   the    voting   ma- 


CHAP.   XXXIY.     ELECTIONS.  157 

chine    custodian    or   custodians,    and    who    shall    be    paid 
the  time  -pent  in  the  discharge  of  their  duties,  in  the   - 
manner  as  election  officers  are  paid.     Said  custodians  shall, 
under  the  direction  .of  said  county  clerk,  city  recorder,  town 
clerk,    or    other    officer    having    charge    and    control    of    the 
election,  cause  the  machine  to   be   so   labeled,  put   in  order, 

I,  and  delivered  to  the  polling  place  of  the  i 
tion    district    in    which    the    election    is    to    be    held,    together 
with   all    furniture   and   appliances   necessary    for   the   proper 

'ucting  of  the  election,  at  least  one  hour  before  the  time 
set  for  opening  the  polls  on  election  day.  In  preparing 
voting  machines  for  an  election,  the  custodian  shall,  accord- 
ing to  the  directions  furnished,  arrange  the  machine  and 
the  ballots  therefor  so  that  it  will  in  every  particular  meet 
the  requirements  for  voting  and  counting  at  such  election 
in  the  manner  provided  for  by  the  construction  of  such 
machine.  When  a  voting  machine  shall  have  been  properly 
prepared  for  election  and  delivered  at  the  polling  place  of 
the  election  districts,  it  shall  be  locked  and  sealed  against 
movement,  and  the  keys  thereof  shall  be  delivered  to  the 
county  clerk,  city  recorder,  town  clerk,  or  other  officer 
having  charge  and  control  of  the  election,  together  with  a 
written  report  made  by  the  custodian  of  the  machine,  stating 
that  it  is  in  every  way  properly  prepared  for  the  election. 
tity  clerk,  city  recorder,  town  clerk,  or  other  officer 
having  charge  and  control  of  the  election,  shall  thereupon 
provide    prop  tection    for    the    machine,    to    prevent    its 

being    tampered    with.       Before    each    election    at     which    a 
voting   machine   i-   to   hi-   used,   tin-   custodian   or   custodians 
he  machine  shall  instruct  each  judge  of  election  that 

in    an    election    district    in    which    a   machine    is    to    he 

I,  in  the  the  machine  and  in  the  duties  of  judge 

election   in  connection   with  it,  and   shall   give  to  each  judge 

lection    that    ha-    received    such    instruction    and    is    fully 

qualified  to  properly  conduct   th<  m   with   the   machine, 

thai  effect.     For  the  purpose  of  giving  such 

instruction,    the   custodian    shall    call    such    n  r   meet- 

l) 


158  CHAP.   XXXIV.     ELECTIONS. 

ings  of  the  judges  of  election  as  shall  be  deemed  necessary 
liv  the  county  clerk,  city  recorder,  or  town  clerk,  or  other 
officer  having  charge  and  control  of  the  election. 

868x9.  Duties  of  election  judges.  The  judges  of  elec- 
tion of  each  election  district  in  which  a  voting  or  balloting 
machine  is  to  be  used  shall,  before  each  election  at  which 
they  are  to  serve,  attend  such  meeting  or  meetings  as  shall 
be  called  by  the  county  clerk,  city  recorder,  town  clerk,  or 
other  officer  having  charge  and  control  of  the  election,  for 
the  purpose  of  receiving  such  instruction  concerning  their 
duties  as  shall  be  necessary  for  the  proper  conducting  of 
the-  election  with  the  machine.  Each  judge  of  election  that 
shall  qualify  for  and  serve  in  the  election  shall  be  paid,  for 
the  time  spent  in  receiving  such  instruction,  in  the  same 
manner  and  at  the  same  time  as  he  is  paid  for  his  service- 
on  election  day;  provided,  however,  that  in  no  case  shall  he 
receive  payment  for  more  than  one  day  for  receiving  such 
instruction.  No  judge  of  election  shall  serve  in  any  election 
at  which  a  voting  or  balloting  machine  is  used  unless  he 
shall  have  received  such  instruction  and  is  fullv  qualified  to 
perform  his  duties  in  connection  with  the  machine,  and  has 
received  a  certificate  to  that  effect  from  the  custodian  of 
the  machines.  The  judges  of  election  of  each  election  dis- 
trict in  which  a  voting  or  balloting  machine  is  to  be  used 
shall  meet  at  the  polling  place  therein  at  least  thirty  minutes 
before  the  time  set  for  opening  the  polls  of  that  election, 
and  shall  place  the  voting  machine  and  furniture  for  the 
proper  conduct  of  the  election.  They  shall,  before  opening 
of  the  polls,  compare  the  ballot  on  the  machine  with  one  of 
the  sample  ballots  furnished,  to  see  that  the  names,  num- 
bers, letters,  and  their  respective  locations  thereon  agree. 
They  -hall  examine  the  seal  upon  the  machine  to  see  that 
it  has  not  been  broken  and  shall  examine  every  counter 
therein  to  see  that  each  registers  000.  If  any  counter  in  the 
machine  shall  be  found  not  to  register  000.  a  notice  thereof 
designating   such    counter,   together   with    the    number    regis 


CHAP.   XXXIV.     ELECTIONS.  159 

tered  thereon,  shall  be  written  out  and  signed  by  the  judges 
oi  elect  ion.  and  a  copy  thereof  shall  be  posted  in  a  conspicu- 
ous place  within  the  polling  place,  where  it  shall  remain 
during  the  election.  The  judges  of  election  shall  certify 
on  each  of  the  blanks  furnished  for  that  purpose  as  to  the 
condition  of  the  machine  and  the  counters  therein,  which 
blanks  shall  be  signed  by  each  judge  of  election;  and  after 
the  election  one  of  each  shall  be  delivered  with  each  cop) 
of  the  election  returns.  The  judges  of  election  shall  post 
the  sample  ballots  furnished,  some  inside  and  some  outside 
the  polling  place,  in  places  in  which  they  can  be  readil) 
examined  by  voters  before  voting;  and  they  shall  also  posl 
such  printed  instructions  to  voters  and  other  notices  as 
shall  be   furnished.     During  the  election   two  of  the  jud 

lection  shall  check  on  tin  registry  lists  the  name  of 
every  elector  presenting  himself  and  qualified  to  vote  in 
such  n    district    at    such    election,    before    such    eh 

enters   the   machine,  and   shall    write   in    figures   in    the   place 
gnated    on    each    of    such    registry    lists    the    number    of 
such  elect'  ir  in  the  order  in   which  he  votes.     One   judge  of 

ion    shall    give    to    each    elector    before    he    enters    the 

machine  such  instructions  as  shall  be  necessary  for  properly 

voting  "ti   it,  and  shall  then  admit  him  to  the  machine.      Mo 

poll    bonks   shall   be  used   in    an   election   district    in    which   a 

ng  machine   is   used. 

868x10.     Voting    machines    to    be    in    plain    view.     The 

rior   of   the   voting  or   balloting   machine   and   every  part 

ol    the    pollin  shall    be   in   plain    view    of   the   election 

"finer-    and    public        \    ^uard-rail    shall    be    constructed    at 

three    feet    from    the    machine,    with   openings   to   admit 

ifficers  of  election,  t..  and  from  the  machine. 

868x11.  Voting  to  be  secret.  After  the  opening  of  the 
polls  the  judges  of  election  shall  not  allow  any  voter  to  pass 
within  the  guard-rail  until  they  ascertain  that  he  is  duly 
entitled    to    vote.      The    operation    of    voting    by    an    elector 


160  CHAP.   XXXIV.     ELECTIONS. 

while  voting  shall  be  secret  and  obscured  from  all  other 
persons,  except  as  provided  in  cases  of  voting  by  assisted 
electors.  No  voter  shall  remain  within  the  voting  or  ballot- 
ing machine  booth  longer  than  one  minute,  and  if  he  shall 
refuse  to  leave  it  after  the  lapse  of  one  minute,  he  shall  be 
removed  by  the  judges  of  election. 

868x12.  Judges  to  ascertain  and  declare  results  of  elec- 
tion. As  soon  as  the  polls  of  the  election  are  closed,  the 
judges  of  election  shall  lock  the  voting  or  balloting  machine 
against  voting,  and,  in  the  presence  and  full  view  of  the 
public  who  may  be  lawfully  within  the  polling  place,  proceed 
to  demonstrate  and  declare  the  result  of  such  election  as 
registered  or  recorded  or  received  by  the  machine,  and  to 
record  same  on  the  tally  sheets,  according  to  the  instructions 
furnished.  In  recording  the  votes  registered  on  any  counter 
that  before  the  opening  of  the  polls  did  not  register  000, 
the  judges  of  election  shall,  upon  the  tally  sheets,  substract 
the  number  registered  on  such  counter  before  the  openniu" 
of  the  polls  from  the  number  registered  thereon  at  the  close 
of  the  polls,  and  the  difference  between  such  numbers  shall 
be  taken  as  the  correct  vote  for  the  candidate  whose  name 
is  opposite  such  counter  on  the  machine;  provided,  however, 
that,  if  the  number  registered  on  such  counter  at  the  close 
of  the  polls  shall  be  smaller  than  the  number  registered 
thereon  before  the  opening  of  the  polls,  the  number  1,000 
shall  be  added  to  the  number  registered  on  such  counter 
at  the  close  of  the  polls,  before  such  subtraction  shall  be 
made.  As  such  result  is  ascertained  and  declared,  it  shall 
be  recorded  and  then  verified  by  being  compared  with  the 
numbers  registered  on  the  counters  in  the  machine,  and  if 
found  to  be  correct,  the  judges  of  election  shall  at  once 
announce  the  same  and  make  returns  as  provided  by  law. 

868x13.  Record  to  be  preserved  six  months.  Excep- 
tion. The  judges  of  the  election  shall,  as  soon  as  the  result 
is  fully  ascertained  and  declared,  as  in  the  preceding  section 


CHAP    XXXIV.     ELECTIONS.  161 

required,  lock  the  machine  so  that  the  record  of  each  elec- 
tion  shall  be  preserved  for  a  period  of  six  months  following 
such  election,  except  in  cases  where  the  machine  is  re- 
quired for  use  in  a  subsequent  election  during  such  period, 
in  which  case  the  board  of  county  commissioners,  city 
council,  or  other  board  having  charge  and  control  of  the 
election,  shall  inspect  the  registering  or  recording  and  re- 
ceiving device  of  the  machines,  and  file  a  report  of  said 
inspection  with  the  count}-  clerk.  Said  reporl  of  said  board 
of  county  commissioners  "i-  city  council,  when  so  certified 
and  filed,  shall  be  prima  facie  evidence  of  the  vote  at  such 
election.  Any  supplementary  or  duplicate  record  of  an 
election,  which  may  be  furnished  by  a  machine,  shall  be 
preserved  by  the  county  clerk  for  one  year  following  such 
election. 

868x14.  Misconduct  at  elections.  The  provisions  of 
the  law  relating  to  misconduct  at  elections  shall  applv  to 
elections  with  voting  or  balloting  machines. 

868x15.  Election  districts,  how  created.  For  any  elec- 
tion  in  any  county,  city,  or  town  in  which  voting  or  ballot- 
ing machines  are  to  be  used,  the  election  districts  in  which 
such  machines  are  to  be  used  may  be  created  by  the  officers 
charged  with  the  duty  of  creating  election  districts,  pro- 
vided   Mich    is    done    ninety    days    prior    to    the    approaching 

:ion  so  as  to  contain  nol   to  exceed  600  votes  each. 

868x16.     Ballot   defined.     The  list  of  candidates  used  or  to 

on  the  voting  or  balloting  machine  shall  be  deemed 

an  official   ballot    under  this  chap  i    an   election  district 

in   which  a   '  >r  balloting  machine  is  used  pursuant  to 

law.     The  word  "ballot"  as  used   in   this  chapter  means  that 

on  of  the  cardboard  or  paper  or  other  material  within 
the  ballot  frames,  containing  the  names  of  the  candidates  for 
office,  or  a  statement  of  a  proposed  constitutional  amend- 
ment, or  other  question  or  proposition  with  the  word  "for" 
or  the  word  "against,"  or  "yes"  or  "no." 


162  CHAP.   XXXIV.     ELECTIONS. 

868x17.  Provisions  of  general  election  laws  apply 
where  voting  machines  used.  The  provisions  of  title  21, 
Compiled  Laws  of  Utah,  1907,  and  all  laws  supplementary 
thereto  or  amendatory  thereof  in  so  far  as  they  are  applic- 
able, shall  apply  where  voting  or  balloting  machines  are 
used,   as   in   this   chapter  provided. 

868x18.  Id.  All  laws  and  parts  of  laws  of  this  state 
relating  to  elections,  and  prescribing  the  powers  and  duties 
of  election  officers,  shall,  so  far  as  applicable  to  the  use 
of  voting  or  balloting  machines,  remain  in  full  force  and 
effect;  and  all  laws  and  parts  of  laws  inconsistent  here- 
with shall  not  be  applicable  in  each  county,  city,  or  town, 
or  any  election  district  thereof,  wherein  such  voting  or 
balloting  machine  or  machines  shall  lie  used,  and  nothing 
in  this  chapter  contained  shall  be  construed  as  repealing 
any  existing  law  or  authorizing  any  deviations  or  omission 
therefrom,  except  as  provided  for  or  set  forth  herein. 

868x19.  Penalty.  Any  wilful  violation  of  any  provision 
of  this  chapter  or  any  wilful  injury  to  any  voting  or  ballot- 
ing machine,  tending  to  injure  its  effectiveness,  or  to  change 
the  true  expression  given  by  the  voters  at  any  election, 
shall  be  a  felony, and  shall  be  punishable  as  such. 


CHAP.    XXXV.     MUNICIPAL   ELECTIONS  163 

CHAPTER    XXXV. 
MUNICIPAL    ELECTIONS. 

887.  Date  of  municipal  elections.  Terms  of  office. 
t)t:  the  Tuesdaj  next  following  the  first  Monday  in  Mo 
vember,  1911,  and  biennially  thereafter,  there  shall  be  held 
m  each  incorporated  city  and  town  of  this  state  an  elei 
tii  > i i  to  fill  all  elective  offices  in  said  city  and  town,  and 
the  officers  thru  elected  shall  qualify  and  enter  upon  their 
duties  at  twelve  '■'cluck  meridian  on  the  first  Monday  in 
January  next  succeeding  their  election,  and  continue  in 
office   for  two  years,  unless  otherwise   provided,   until    their 

essors  are  elected  and  qualified.     The  term  of  offici 
all    the    present    elective    officers    in    cities    of    the    first    and 

nd  class  shall  expire  at  twelve  o'clock  meridian  on 
the  first  Monday  in  January.  1' '  1  J,  provided  thai  in  cities 
of  the  first  class,  the  election  and  term  of  office  of  tin- 
officers  shall  be  as  follows:  In  the  year  1**11  there  shall 
be  elected  at  large  in  said  cities  of  the  first  class  a  mayor 
and  four  commissioners,  to  constitute  the  hoard  of  com- 
missioners, and  an  auditor.  The  mayor  and  two  commis- 
sioners shall  be  elected  for  a  term  of  four  years,  and  two 
of   said  ioners  and   the  auditor   shall   be   elected    for 

a  term  of  two  years,  and  biennially  thereafter  there  shall 
be  elected  an  auditor  for  a  term  of  two  years,  and  two 
commissioners  for  a   term  of  four  y<  h,  and  quadren- 

nially thereafter  there  shall  be  elected  a  mayor  for  a  term 
of  four  years.  The  auditor  shall  be  elected  for  a  term  of 
two  years.  Provided  that  in  cities  of  the  second  class  the 
election  and  term  of  office  of  the  officers  shall  be  as  fol- 
ln     the    year     1 ' '  1  1     there    shall    he    elected    at     large    in 

ond  class  a  mayor  and  two  commissioners, 
to  constitute  the  hoard  of  commissioners,  and  an  auditor. 
The    mayor    and    one    commissioner    shall    be    elected    for    a 


164  CHAP.   XXXV.     MUNICIPAL   ELECTIONS. 

term  of  two  years,  and  one  of  said  commissioners  shall  be 
elected  for  a  term  of  four  years,  and  biennially  thereafter 
shall  be  elected  a  mayor,  and  auditor  and  one  commis- 
sioner, the  mayor  for  the  term  of  two  years,  such  commis- 
sioner for  a  term  of  four  years  and  such  auditor  for  a 
term  of  two  years.  The  officers  elected  shall  enter  upon 
their  duties  at  twelve  o"clock  meridian  on  the  first  Monday 
in  January  next  succeeding  their  election.  In  cities  of  the 
third  class  there  shall  be  elected  in  the  year  1903  five 
councilmen  at  large,  four  of  whom  shall  be  for  a  term  of 
two  years  and  one  for  a  term  of  four  years,  and  biennially 
thereafter  there  shall  be  elected  three  for  a  term  of  two 
years  and  one  for  a  term  of  four  years.  The  municipal 
officers  herein  provided  shall  continue  in  office  for  the 
respective  terms  to  which  they  are  elected,  as  provided  in 
this  act  and  until  their  successors  shall  be  elected  and 
qualified. 

888.  Appointive  officers  hold  till  succesors  qualify. 
All  appointive  officers  in  said  cities  and  towns  shall  hold 
their  respective  offices  until  their  successors  shall  be  ap- 
pointed and   qualified. 

889.  Qualifications  for  voters  at  municipal  elections. 
All  qualified  electors  of  the  state  who  have  resided  in  the 
county  four  months,  and  in  the  precinct  and  city  or  town 
for  sixty  days  next  preceding  any  municipal  election  are 
entitled   to  vote  at   such   election. 

890.  Appointment  of  judges.  Voting  places.  Laws 
governing.  In  all  municipal  elections  the  city  council  and 
board  of  trustees  of  the  town  shall  appoint  judges  of  elec- 
tion and  designate  the  places  of  voting.  There  must  be 
at  least  one  voting  place  in  each  election  district  in  cities, 
at  any  regular  election.  At  special  elections  for  any  pur- 
pose there  shall  be  at  least  one  voting  place  in  each  munici- 
pal   ward.      All    elections    must    be    conducted    according    to 


CHAP    XXXV.      MUNICIPAL    ELEl    M"\S  165 

the  general  laws  of  the  state,  and  all  notices  and  lists  of 
names  required  to  be  posted  l>_\  registry  agents  prior  to 
any  general  election  shall  also  be  posted  by  the  registry 
tits  prior  to  any  municipal  election,  the  necessary 
changes  ln-inur  made  a^  to  time  of  posting  same. 

891.  Canvass  of  returns  and  issue  of  certificates.  Tie 
votes,  <  m  the  Monday  following  any  election,  the  city 
council  or  the  board  of  trustees  oi  the  town  must  convene 
and  publicly  canvass  the  result,  and  issue  certificates  of 
election  to  each  person  elected  by  a  plurality  of  votes. 
When  two  or  more  persons  have  received  an  equal  and 
highesl    number  of   votes   for   am    one  of   the  offices   voted 

the  tie  shall  be  decided  by  lot  in  the  presence  of  tin- 
may..!-  and  city  recorder,  or  the  president  of  the  board  of 
trustees  and  the  town  clerk,  as  the  case  may  be,  upon  a  day 
ted   by  the  mayor  or  by   the   presidenl   of  the   board 

■  ustees 

892.  Offering  or  giving  bribe.  Promising  employ- 
ment, etc.  It  shall  l>e  unlawful  for  any  person,  directly  or 
indirectly,  by   himself  or  through  any  Other  person: 

1.     To  pay,  loan,  or  contribute,  or  offer  or  promise   to 
pay.  l..an   or  contribute  any   money  or  other  valuable  con- 
sideration    to    or    for    any    voter,    or    to    or    for    any    other 
■n   to   induce   such   voter   to   vote  or  refrain    from    voting 
at  any  election  provided  by   law,  or  to  induce  any  voter  to 
..r    refrain    from    voting   at    such    election    for    any    par- 
ticular person  or  persons,  or  to  induce  such   voter  to  go  to 
the  polls  or  remain  away  from   the  polls  at   such  election,  or 
unt    of   such    \oter    having    voted    or    refrained    from 
iny    particular    person,    or    having    gone    to    the 
remained  away  from   the  polls  at    such   election: 
g    e,  offer,  or  promise  any  office,  place  or  em- 
promise   or    procure,   or    endeavor    to    pro- 
cure an-.  r  employment,  to  or  for  any  \ 

r    for    any    other    person,    in    order    to    induce    such 


166  CHAP.   XXXV.     MUNICIPAL   ELECTIONS. 

voter  to  vote  or  retrain  from  voting  at  anv  election  pro- 
vi  led  by  law,  or  to  induce  any  voter  to  vote  or  refrain 
Irom  voting  at  such  election  for  any  particular  person  or 
persons,  or  to  obtain  the  political  support  or  aid  of  any 
such  person  or  persons. 

3.  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  other 
person,  with  the  intent  that  the  same,  or  any  part  thereof, 
shall  be  used  in  bribery  at  any  election  provided  by  law, 
or  to  knowingly  pay  or  cause  to  be  paid  any  money  or 
other  valuable  thing  to  any  persons  in  discharge  or  repay- 
ment of  any  money,  wholly  or  in  part  expended  in  bribery 
at  any  such   election. 

913.  Chapter  applicable  to  all  elections.  The  provi- 
sions of  this  chapter  shall  extend,  so  far  as  applicable, 
to  all  elections  provided  by  law,  special,  general,  municipal, 
school  and  primary  elections  in  cities  of  the  first  and 
second   class. 

Section  2.  Primary  elections.  Candidates  to  be  voted 
for  at  all  general  municipal  elections  in  cities  of  the  first 
and  second  class,  under  the  provisions  of  this  act,  shall  be 
nominated  by  a  primary  election,  and  no  other  name  shall 
be  placed  upon  the  general  ballot  except  those  selected  in 
the  manner  hereinafter  prescribed.  The  primary  election 
for  such  nomination  shall  be  held  on  the  second  Tuesday 
preceding  the  general  municipal  election.  The  judges  of 
election  appointed  for  the  general  municipal  election  shall 
be  the  judges  of  the  primary  election,  and  it  shall  be  held 
at  the  same  place,  so  far  as  possible,  and  the  polls  shall 
be  opened  and  closed  at  the  same  hours. 

Any  person  desiring  to  become  a  candidate  for  mayor 
or  commissioner  or  auditor  shall,  at  least  ten  days  prior  to 
said  primary  election,  file  with  the  said  recorder  a  state- 
ment of  such  candidacy,  in  substantially  the  following 
form  : 


CHAP     XXXV.     Ml  "Nil  1 1'AL   ELECTIONS.  167 

Stair   of    Utah County,    SS. 

1 being  first  duly  swi  >i  n,  sa) 

that    I    reside    at Street,    city    of 

nty   of    State   «'t'    Utah;    that    I    am    a 

qualified  voter  therein;  that  1  am  a  candidate  for  nomina- 
tion  to  the  office  of (stating  the   term), 

to   be    voted    upon    at    the   primarj    election    to   be   held   on 

Tuesday,  the    day  of  October,   1(.> and    I    hereby 

request  that  my  name  be  printed  upon  the  official  primary 
ballot  for  nomination  by  Mich  primary  election  for  such 
offii 

^ned)    

Subscribed    and    sworn    to    (or    affirmed)    before    me    by 

on  this    ....    day  of   

... 

"'-'"•'I'     

(Official  character  of  officer  taking  the  oath.) 
And  shall  at  the  same  time  file  therewith  the  petition 
of  at  least  one  hundred  qualified  voters  requesting  such 
candidacy.  Each  petition  shall  be  verified  by  one  or  more 
persons  as  to  the  qualifications  and  residence,  with  street 
number,  of  each  of  the  persons  so  signing  the  said  petition, 
and  the  said  petition  shall  be  in  substantially  the  following 
form  : 

PETITION     VCCOMPANYING    NOMINATING    STAT! 

Ml.  XT. 

The  undersigned,  duly  qualified  electors  of  the  city 
of   and  residing  at  the  places  set 

-ite  cur  respective  names  hereto,  do  hereby  request 
that    the    name   of    (name   of   candidate)    be    placed   on    the 

i  a-  a  candidate  for  nomination  for  (name  of  office 
and    term  i.  at    the   primary   election   t"   be   held   in    such   city 

"ti   Tuesday,   the    day   of   October,    1''.... 

We  further  state  that  we  knew  him  to  be  a  qualified  elector 

lid  city  and  a   man  i  moral   character,  and   quali- 

m  "nr  judgment,  for  the  duties  of  Mich  office. 


168  CHAP.   XXXV.     MUNICIPAL   ELECTIONS. 

Names  of  qualified   electors.  Number.  Streets. 


Immediately  upon  the  expiration  of  the  time  of  filing 
the  statements  and  petitions  of  candidates,  the  said  city 
recorder  shall  cause  to  be  published  for  three  successive 
days  in  all  the  daily  newspapers  published  in  the  city,  in 
proper  form,  the  names  of  the  persons  as  they  are  to 
appear  upon  the  primary  ballot,  and  if  there  be  no  daily 
newspaper,  then  in  two  issues  of  any  other  newspapers  that 
may  be  published  in  said  city;  and  the  said  recorder  shall 
thereupon  cause  the  primary  ballots  to  be  printed,  authenti- 
cated with  a  facsimile  of  his  signature.  Upon  the  said 
ballot  the  names  of  the  candidates  for  mayor,  arranged 
alphabetically,  shall  first  be  placed,  with  a  square  at  the 
left  of  each  name  and  immediately  below  the  words,  "Vote 
for  one.''  Following  these  names,  likewise  arranged  in 
alphabetical  order,  shall  appear  the  names  of  the  candi- 
dates for  commissioner  for  the  two  years'  term  with  a 
square   at    the   left   of   each   name,   and   below   the    names   of 

such  candidates  shall  appear  the  words,   (Vote  for   

,   stating  the   number   as   the   case   may   be.) 

Following  these  names,  likewise  arranged  in  alphabetical 
order,  shall  appear  the  names  of  the  candidates  for  com- 
missioner, for  the  four-year  term,  with  a  square  at  the 
left  of  each   name  and  below  the  names  of  such  candidates 

shall    appear   the    words,    (Vote    for    stating 

the  numbers  as  the  case  may  be.)  Following  these  names, 
likewise  arranged  in  alphabetical  order  shall  appear  the 
names  of  the  candidates  for  auditor,  with  a  square  at  the 
left  of  each  name,  and  below  the  names  of  such  candidates 
shall  appear  the  words,  ''Vote  for  one."  The  ballots  shall 
be  printed  upon  plain,  substantial  white  paper,  and  shall 
be   headed : 

CANDIDATES  FOR  NOMINATION  FOR  (state  the 

office  to  be  filled)   OF   CITY.  AT  THE 

PRIMARY    ELECTION    


CHAP.    XXXV.      MUNICIPAL   ELECTIONS. 

But  shall  have  ti. »  part}   designation  or  mark  whatever, 
ballots  shall  be  in  substantially  the  following  fo 
the  necessary  changes  to  be  made  to  conform  t"  offices  and 
terms  ti  i  be  filled  : 

(Place  a  cross  in  the  square,  preceding  the  names  oi 
the  persons  you  favor  as  candidates  for  the  respective  posi 
tii  >ns 

(  (FFICIAL    PRIM  \KY     B  \I  I  <  I  I  . 
I    WDIDMIS     FOR     NOMINATION     FOR     (state     I  lie 

offices  to  be   filled)   I  )F   CITY,  AT  THK 

PRIM  >iR^     ELE(  TU  IN. 

For  Mayor 

-  Names    of    Candidates  I 

Vote  for  one  i 

For    Commissioner    for    the    two-year    tei 

i  Names    of    I  Candidates  I 

ite  for state  the  number  to  be  elected 

at  the  municipal  election,  i 

For   Commissioner   for   the    four-year   term.      Names   of 

candidates.      (Vote    for    state    the    number    to 

be  eledted  at  the  municipal  election.) 

For    Auditor 
i  Names    i  if    <  Candidates  > 
i  \  ote  fi  >r  i  >ne  i 
I  Ifficial  ballot  att< 

nature) 


City    Ri 

Having  caused  such  ballots  to  be  printed,  the  said  city 

rder   shall   cause   to   be   delivered   at    each   polling  pi 

a  number  of  said  ballots,  equal  to  twice  the  number  of  votes 

in    such    voting   district    at    the    last    general    municipal 

election  for  mayor.      The  persons  who  are  qualified  to  vote 

at   the   general    municipal    election    and    who   at    the   time   of 

such   primary   election   are   registered,   shall   be   qualified   to 

at   such  primary  election,  and  challenges  can   be  made 

than  two  persons,  to  be  appointed  at   the  time 


170  CHAP.   XXXV.     MUNICIPAL   ELECTIONS. 

of  opening  the  polls  by  the  judges  of  election  :  and  the  law 
applicable  to  challenges  at  a  general  municipal  election 
shall  be  applicable  to  challenges  made  at  such  primary 
election.  Judges  of  election  shall  immediately,  upon  the 
closing  of  the  polls,  count  the  ballots  and  ascertain  the 
number  of  votes  cast  in  such  district  for  each  of  the  candi- 
dates, and  make  return  thereof  to  the  city  recorder  within 
twenty  hours  of  the  closing  of  the  polls,  upon  proper  blanks 
to  be  furnished  by  the  said  recorder.  On  the  day  follow- 
ing the  said  primary  election,  the  said  city  recorder  shall 
canvass  said  returns  so  received  from  all  the  polling  dis- 
tricts, and  shall  make  and  publish  in  all  the  daily  news- 
papers of  said  city  at  least  once,  the  result  thereof.  Said 
canvass  by  the  city  recorder  shall  be  publicly  made.  The 
two  candidates  receiving  the  highest  number  of  votes  for 
mayor  shall  be  the  candidates  and  the  only  candidates 
whose  names  shall  be  placed  upon  the  ballot  for  mayor 
at  the  next  succeeding  general  municipal  election,  in  cities 
of  the  first  class  the  four  candidates  receiving  the  highest 
number  of  votes  for  commissioners,  shall  be  the  candidates, 
and  the  only  candidates  whose  names  shall  be  placed  upon 
the  ballot  for  commissioners  at  such  municipal  election : 
providing,  that  at  the  next  general  municipal  election  held  in 
cities  of  the  first  class  after  taking  effect  of  this  act,  the 
four  candidates  receiving  the  highest  number  of  votes  for 
commissioners  for  the  four-year  term  and  the  two-year 
term,  respectively,  shall  be  the  candidates  and  the  only 
candidates  whose  names  shall  be  placed  upon  the  ballot 
for  commissioners  at  said  next  municipal  election,  and  the 
two  candidates  receiving  the  highest  number  of  votes  for 
auditor  shall  be  the  candidates  and  the  only  candidates 
whose  names  shall  be  placed  upon  the  ballot  for  auditor. 
In  cities  of  the  second  class  the  two  candidates  receiving 
the  highest  number  of  votes  for  mayor  shall  be  the  candi- 
dates and  the  only  candidates  whose  names  shall  be  placed 
upon  the  ballot  for  mayor  at  the  next  succeeding  general 
municipal    election,    and    the    two    candidates    receiving    the 


CHAP    XXXV.     MUNICIPAL  ELECTIONS  171 

highest  number  of  votes  For  commissioner,  for  the  two 
year  term,  and  the  two  candidates  receiving  the  highesl 
number  of  votes  for  commissioner  for  the  four-year  term, 
>hall  l>e  the  candidates  and  the  only  candidates  whose 
names  shall  be  placed  upon  the  ballol  for  commissioner  at 
such  municipal  election,  and  the  two  candidate-  receiving 
the  highest  number  of  votes  for  auditor  shall  be  the  candi 
dates  and  the  only  candidate-.  The  ballot  at  the  municipal 
election  -hall  be  in  substantially  the  same  form  as  the 
primary   ballot. 

All  electors  of  cities  under  this  act  who.  by  the  laws 
governing  cities  .>i"  the  first  and  second  class,  would  he 
entitled  to  vote  for  the  election  of  officers  at  any  general 
municipal  election  in  such  cities,  -hall  be  qualified  to  vote 
at  all  elections  under  this  act;  and  the  ballot  at  such  general 
municipal  election,  SO  far  as  applicable,  and  in  all  elect  inns 
in    such    city,   thi  incts,    voting   places,   method 

of  conducting  election,  canvassing  the  votes,  announcing  the 
results,   shall    be   the   same   as   by    law    provided    for    election 

ifficers  in  such  cities,  so  far  as  the  same  are  applicable 
and  not  inconsistent   with  the  provisions  of  this  act. 

Approved   March  20th,    1911. 


172  CHAP.  XXXVI.     FEDERAL  JURISDICTION. 

CHAPTER   XXXVI. 

FEDERAL  JURISDICTION. 

963x1.  Jurisdiction  ceded  U.  S.  over  federal  buildings. 
|  urisdiction  is  hereby  ceded  to  the  United  States  in,  to.  and 
over  any  and  all  lands  or  territory  within  this  state  which 
has  been  or  may  be  hereafter  acquired  by  the  United  States 
for  the  purpose  of  sites  for  public  buildings,  of  every  kind 
whatever,  authorized  by  act  of  congress ;  the  state,  however, 
reserving  the  authority  to  execute  its  process,  both  criminal 
and  civil,  within  such  territory. 

963x3.  Jurisdiction  ceded  over  Fort  Douglas  and  Fort 
Duchesne.  That  jurisdiction  be.  and  the  same  is  hereby, 
ceded  to  the  L'nited  States  in  and  over  all  lands  comprised 
within  the  limits  of  the  military  reservations  of  Fort  Douglas 
and  Fort  Duchesne,  in  the  State  of  L'tah.  to  continue  so 
long  as  the  L'nited  States  shall  hold  and  own  the  same  for 
military  purposes  or  in  connection  therewith  and  no  longer, 
saving,  however,  to  the  said  state  the  right  to  serve  all  civil 
process  and  such  criminal  process  as  may  lawfully  issue 
under  the  authority  of  this  state  against  persons  charged 
with  crimes  against  the  laws  of  the  state,  committed  within 
or  without  said  reservations. 

Sec.  2.     This  act  shall  take  effect  upon  approval. 

Approved  March  9th,  1911. 


CHAP.   XXXVII.      IKES.  173 

CHAPTER  XXXVII. 
-  I  >l    JUR(  IRS    WD   WITNESS!  S 

1004.  Witnesses  for  defendant  in  criminal  case.  Ex- 
pense. No  witness  For  a  defendant  in  a  criminal  case  -liall 
be  subpoenaed  at  the  expense  of  the  state  or  of  a  county, 
excepl  upon  an  order  of  the  court.  Such  order  shall  be 
made  only  upon  affidavit  of  the  defendant,  showing: 

1.  Thai  said  defendant  is  impecunious  and  unable  to 
pay  the  per  diem  and  mileage  of  said   witness; 

2.  That  ilu-  evidence  of  said  witness  is  material  for 
defendant's  defense  as  he  is  advised  b)  his  counsel,  if  he 
lia\  e  counsel ; 

3.  Thai  said  defendant  cannol  safelj  proceed  to  trial 
without  said  witn 

1005.  Certain  officers  not  entitled  to  witness  fees.  No 
officer  of  the  I'mied  States,  or  "i  the  State  of  Utah,  or  oi 
any  county,  incorporated  city   nr  town,   within   the  Stati 

I 'tali,  who  is  drawing  a  regular  salary,  in  excess  of  $500 
annum,    shall    receive    anj    per   diem    when    testifying    in    a 
criminal  proceeding. 

1006.  Double  fees  forbidden.      No   witness  shall   receive 
in  more  than  one  criminal  the  same  day. 

1007.  Interpreters'     fees.      Interpreters    and     translat 

be  allowed  such  compensation  for  their  services  as  the 
illow,  t>>  be  taxed  and   collected   as  othei 
the  same  shall  i  •  d  $3  per  day. 

1015.  Officers  to  keep  account  of  fees.  Payment  into 
treasury.     All    »•  trict,   county,  city,   town,  and   scl 

pting  notaries  public,  boards  "i  arbitration. 

19 


174  CHAP.   XXXVII.     FEES. 

tices  of  the  peace,  and  constables,  shall  keep  a  correct  account 

of  all  fees  collected  by  them,  and  shall  pay  the  same  into 
the  proper  treasury,  and  the  officer  whose  duty  it  is  to 
collect  such  fees  shall  be  held  responsible  under  his  bond 
for  the  same. 

1023.  All  officers  must  keep  fee  books.  It  shall  be  the 
duty  of  every  officer  in  this  title  named,  who  is  authorized 
to  receive  any  fees  for  official  services  of  himself  or  deputies, 
to  keep  a  fee  book,  in  which  he  shall  enter  an  exact  and 
full  account,  in  detail,  of  all  fees,  commissions,  or  compensa- 
tions, of  whatever  nature  or  kind,  by  him  or  his  deputies 
earned,  collected,  or  chargeable,  with  date,  the  name  of  the 
payer,  and  the  nature  of  the  service  in  each  case.  If  any 
person  shall  hold  more  than  one  office,  he  may  keep  a  sepa- 
rate fee  book  for  each  office,  and  may  make  separate  state- 
ments for  each,  or  he  may  keep  a  joint  fee  book  and  make 
joint  statements,  at  his  discretion. 

1024.  All  officers  to  post  fee  bill.  It  shall  be  the  duty 
of  every  officer  herein  specified  to  prepare  and  keep  posted 
in  a  conspicuous  place  in  his  office,  a  plain  and  legible  state- 
ment of  the  fees  allowed  by  law,  upon  pain  of  forfeiting,  for 
failure  to  do  so,  $50,  to  be  recovered,  with  costs,  by  any 
person,  before  any  justice  of  the  peace  of  the  county. 

1026.  Receipt  for  fees  paid.  Every  officer,  upon  re- 
ceiving any  fees  for  official  duties  or  services,  may  be  required 
by  the  person  paying  the  same  to  make  out  in  writing  and 
deliver  to  such  person  an  itemized  account  of  such  fees,  and 
shall  receipt  the  same;  and  if  he  refuses  or  neglects  to  do  so 
when  required,  he  shall  be  liable  to  the  party  paying  the 
same  fur  three  times  the  amount  so  paid. 

1027.  Not    keeping    fee    book,    etc.     Penalties.     If    any 

officer  shall  refuse  or  wilfully  neglect  to  keep  a  fee  book,  or 
t<i  file  a  sworn  statement,  or  to  make  returns,  as  herein 
required,  he  shall  be  deemed  guilty  of  a  misdemeanor. 


CHAP.  XXXVII.     FEES.  175 

1029.  Id.  Other  penalties.  Any  public  officer  who 
shall  charge  and  receive  for  any  service  rendered  by  him 
any  other  or  greater  amount  than  is  prescribed  by  law  for 
such  service  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  forfeit  to  the  person  aggrieved  the  amount  thereof  and 
,<_>;  as  damages,  and  shall  pay  costs  of  suit. 

1030.  False  certification  as  to  fees  a  felony.  Every 
clerk  of  the  district  court,  county  attorney,  justice  of  the 
peace,  or  other  officer  who  shall  certify  as  a  fact  any  matter 
which  he  knows  to  be  untrue,  whereby  any  witness  or  juror 
shall  be  allowed  a  greater  sum  than  he  would  otherwise  be 
entitled  to  under  the  provisions  of  this  title,  shall  be  deemed 
guilty  of  a  felony. 

1031.  Officers    forbidden    to    purchase    certificates.     No 
n   connected   officially   with   any  of  the   district   courts 

of  this  state,  and  no  state,  district,  county,  or  precinct  officer 
shall  purchase  or  cause  to  be  purchased  any  certificate  issued 
to  any  juror  or  witness  under  the  provisions  of  this  title. 
Any  person  violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor. 

1032.  Certificates  invalid  after  one  year.  Any  holder  of 
a  witness  or  juror's  certificate  specified  in  this  title  shall  be 
required    to    present    it    to    the    county    treasurer    or    to    the 

nty   auditor,   as   the   case   may   be,   of   the   county   where 
such   certificate    was   issued,    within   one   year   from    the   d 

[f  the  same  shall  not  be  presented  for  pa) 
ment    within   that   time,  it   shall   be   invalid   and   shall   not  be 


176  CHAPTER  XXXVIII.     FLOATING  DEBT. 

CHAPTER  XXXVIII. 

FLOATING  DEBT  ON  ADMISSION  OF  STATE 

1067.  Floating  indebtedness  at  statehood  may  be  re- 
funded. All  counties,  cities,  towns,  school  boards,  and  school 
districts  that  had  a  floating  indebtedness  at  the  time  Utah 
was  admitted  as  a  state  are  hereby  authorized  to  borrow  an 
amount  of  money  equal  to  the  amount  of  such  floating  in- 
debtedness ;  provided,  that  such  floating  indebtedness  is  not 
in  excess  of  that  authorized  by  law ;  and,  provided  further, 
that  all  money  borrowed  under  the  provisions  of  this  title 
shall  not  bear  a  greater  rate  of  interest  than  the  original 
obligation  to  be  thereby  liquidated. 

1068.  Money  applied  to  such  indebtedness.  All  money 
so  borrowed  shall  be  applied  in  the  payment  of  the  indebted- 
ness designated  in  §  1067;  and  no  bond  or  note  issued  by 
any  county,  city,  town,  school  board,  or  school  district,  upon 
which  such  money  shall  be  borrowed,  shall  be  sold  for  less 
than  its  face  value. 


CHAP.   XXXIX      LOCAL  BOARDS  OF  HEALTH.         177 

CHAPTER   XXXIX. 

LOCAL  BOARDS  OF  HEALTH. 

1105.  Municipal  boards.  It  shall  be  the  duty  of  the 
board  of  trustees  or  city  council  of  every  incorporated  town 
or  city  of  the  state  to  establish  by  ordinance  a  board  of 
health  for  such  town  or  city,  to  consist  of  three  or  more 
persons,  one  of  whom,  when  practicable,  shall  be  a  physi 
cian,  a  graduate  of  a  regularly  chartered  medical  college,  who 
II  be  the  executive  officer  of  the  board  and  be  known  as 
the  health  officer. 

1107.  Duties  and  powers.  Every  local  board  of  health, 
whether  county  or  municipal,  shall  supervise  all  matters  per- 
taining to  the  sanitary  condition  of  its  county,  town,  or  city, 
and  shall  have  power  and  authority  to  order  nuisances  or 
the  cause  of  any  special  disease  of  mortality  to  be  abated 
and  remot  ed. 

It  shall  be  the  duty  of  the  local  boards  of  health  and 
health  officers  to  use  diligence  in  the  discovery  of  contagious 
and  infectious  diseases,  to  maintain  strict  quarantine,  and  to 
cause  all  infected  persons  and  premises  to  be  disinfected  in 
accordance  with  the  rules  of  the  state  board  of  health.  Said 
disinfection  shall  be  performed  by  the  local  health  officer,  or 
a  competent  agent,  for  whose  actions  the  health  officer  shall 
be  responsible  in   every   way  as  though  performed   b)    him- 

ln  no  case  -hall  any  disinfection  performed  by  membi  i 
of  a  quarantined   household  be  accepted  as  compliance   with 
this   section.      If  any   local   health   officer  shall   fail   or   refuse 
to  properly  keep  records,  make  report-,   enforce   quarantine, 
disinfeel    infected  persons  or  premises,  or  to  perform   am 
the   duties    provided    by    law.    he    shall    be    deemed    guilty   of 
a   misdemeanor,    and,   upon    a   complaint    made    bv    the    - 
hoard    of    health,    it    shall    he    the    duty    of    the    city    council, 


178         CHAP.  XXXIX.     LOCAL  BOARDS  OF  HEALTH. 

town  board,  or  board  of  county  commissioners  by  whom 
he  was  appointed  to  give  the  said  local  health  officer  a  hear- 
ing, and  if  the  charges  are  sustained,  they  shall  immediately 
remove  him  and  appoint  his  successor.  The  term  "local 
health  officer,"  used  in  this  chapter,  shall  apply  to  town, 
city,  and  county  health  officers. 
See   Sees.    1111-1113x28,   C.    L.   1907. 

1108.  Reports  to  state  board  of  health.  Every  local 
board  of  health  or  health  officer  shall  report  to  the  secretary 
of  the  state  board  of  health,  at  such  times  as  the  state 
board  may  require,  the  sanitary  conditions  of  the  locality. 
the  number  of  births  and  deaths,  and  the  cause  of  death 
as  near  as  can  be  ascertained,  within  their  jurisdiction, 
during  the  preceding  month.  It  shall  be  the  duty  of  the 
local  health  officer  to  make  a  monthly  report  to  the  state 
board  of  health,  on  or  before  the  5th  day  of  each  month,  of 
all  cases  of  scarlet  fever,  smallpox,  diphtheria,  membraneous 
croup,  typhoid  fever,  whooping  cough,  measles,  chickenpox, 
pneumonia,  and  tuberculosis,  which  have  occurred  within 
his  jurisdiction  during  the  previous  month;  and  upon  receipt 
of  notification  of  the  existence  of  any  case  of  either. of  said 
diseases  in  any  family,  a  member  of  which  is  in  attendance 
upon  any  public  or  private  school,  he  must  at  once  report 
the  existence  of  such  disease  to  the  principal  of  the  school 
so  attended,  giving  the  name  and  address  of  the  person  so 
affected,  and  the  nature  of  the  disease.  If  no  case  of  any 
of  the  diseases  mentioned  in  this  section  has  occurred  dur- 
ing the  month,  the  fact  shall  be  so  reported  to  the  state 
board  of  health  in  the  same  manner  as  hereinbefore  provided. 
It  shall  be  the  duty  of  the  local  health  officer  to  make  an 
annual  report  of  his  actions  and  those  of  the  local  board 
of  health  to  the  state  board  of  health. 

1109.  Sanitary  rules  and  ordinances.  It  shall  be  the 
duty  of  the  board  of  trustees  of  everv  incorporated  town,  and 
of    the    city    council    of    every    incorporated    city,    and    of    the 


\r    XXXIX.     LOCAL   HOARDS  OF   HEALTH.        179 

board  of  enmity  commissioners  of  each  county  in  the  state, 
to  establish  by  ordinance  such  sanitary  rules  and  regulations 
as  may  be  necessary  to  promote  the  general  health,  and  to 
prevent  the  outbreak  or  spread  of  infectious  or  contagious 
diseases;  and  to  provide  penalties  for  the  infraction  of  any 
of  such  ordinam 

1110.  Quarantine.  \ny  local  board  of  health  may  de 
clare  quarantine  in  its  county,  city,  or  town,  or  any  pari 
thereof,  against  a  contagious  or  infectious  disease  prevai 
there  or  elsewhere,  and  against  all  persons  and  things  likely 
spread  contagion  or  infection.  Each  of  such  boards  shall 
have  power  and  authority  to  enforce  such  quarantine  until 
the  same  is  raised  by  it.  and  may  confine  any  person  affected 
with  or  likely  to  spread  contagion  or  infection  to  the  house 
or  premises  in  which  he  resides,  or  to  a  place  to  be  provided 
by   the  hoard   for  the   purpose. 


180  CHAP.   XL.     ANNUAL  CONVENTION. 


CHAPTER  XL. 

ANNUAL  CONVENTION  OF  HEALTH  OFFICERS. 

1113x21.  Convention  to  be  held  at  state  capital.  There 
shall  be  held  annually  at  the  state  capital,  at  such  time  as 
may  be  designated  by  the  state  board  of  health,  a  conven- 
tion of  health  officers  of  the  state. 

1113x22.  Membership.  Expenses.  The  health  officer 
of  each  city,  incorporated  town  and  county  of  the  state  shall 
be  a  member  of  such  convention,  and  his  actual  and  neces- 
sary traveling  expenses  shall  be  paid  by  the  city,  incor- 
porated town  or  county  from  which  he  holds  his  appointment. 

1113x23.  Purposes  of  convention.  Said  convention  shall 
be  held  for  the  purpose  of  disseminating  knowledge  as  to 
the  cause  and  prevention  of  disease,  and  the  best  method 
of  enforcing  the  sanitary  laws  of  the  state,  and  the  rules 
and  regulations  of  the  state  hoard  of  health,  and  shall  be 
under  the  general  direction  of  the  state  board  of  health. 


I   HAP     XLI.      HOLIDAYS.  181 

CHAPTER   XLI. 
HI  >LID  \YS. 

1145.  Legal  holidays.  The  Following  named  days  are 
legal  holidays  in  this  state:  Every  Sunday;  the  Isl  day 
of  January,  commonly  called  New  Year's  Day;  the  12th  da) 
of  February,  the  anniversary  of  the  birth  of  Abraham 
Lincoln;  the  22nd  daj  of  February,  the  anniversar)  of  the 
hirth  of  George  Washington;  the  15th  day  of  April,  com 
monly  called  \rh.>r  Day;  the  30th  da)  of  May,  commonl) 
called  Decoration  Day;  the  4th  da)  of  July,  commonly 
called    Independence    Day;   the  _'4th  day  of  July,  commonl) 

l  Pioneer  May:  the  first  Monda)  in  September,  known 
as  Labor  hay:  the  25th  da)  of  December,  commonly  called 
Christmas;  and  all  days  which  may  be  set  apart  1>\  the 
president  of  the  United  States,  or  the  governor  of  this  state. 
by  proclamation,  a-  days  of  fast  or  thanksgiving;  provided, 
that  when  any  of  said  days,  except  the  first  mentioned. 
shall  tall  "it  Sunday,  the  following  Monday  shall  be  the 
holiday. 

1146.  Arbor  day  proclamation.  The  governor  shall 
each  year  is-uc  a  proclamation,  recommending  the  observ- 
ance  of  Arbor  day  by  the  planting  of  trees,  shrubs,  and 
vines,  in  the  promotion  of  forest  growth  and  culture,  and  in 
the  adornment  of  public  and  private  grounds,  places,  and 
ways,  and  in  such  other  efforts  and  undertakings  as  shall 
he  in  harmony  with  the  general  character  of  such  holiday. 


182  CHAP.  XLII.     POLL  TAX. 

CHAPTER  XLII. 

POLL  TAX   EXEMPTIONS. 

Sec.  1743.  Road  Poll  Tax.  Two  dollars  lawful  money  is 
an  annual  Road  Poll  Tax  upon  every  man  over  twenty-one 
and  under  fifty  years  of  age,  not  physically  incapacitated 
to  work  and  not  exempted  by  law.  Within  incorporated 
cities  or  towns,  said  Road  Poll  Tax  may  be  collected  and 
expended  under  such  regulations  as  may  be  by  the  city  ordi- 
nance prescribed  in  road  improvements.  All  Road  Poll  Tax, 
except  such  as  is  collected  by  incorporated  cities  or  towns, 
shall  be  paid  into  the  county  treasury  and  shall  be  expended 
under  the  direction  and  pursuant  to  the  order  of  the  board 
of  county  commissioners  of  the  county,  in  making  and 
improving  roads. 

Sec.  1744.  Exemptions.  Any  member  of  any  regular 
volunteer  unpaid  fire  company,  at  present  organized,  or  that 
may  hereafter  be  organized,  as  provided  by  the  ordinance 
of  any  city  in  the  state  of  Utah,  who  has  been  or  may  here- 
after continue  in  the  service  in  said  company,  is  hereby 
exempt  from  the  payment  of  road  poll  tax,  during  the  time 
of  such  service.  The  secretary  of  said  fire  company  shall 
issue  to  each  member  thereof  a  certificate  giving  name,  age, 
and  term  of  service,  whether  active  or  retired,  properly 
signed  by  the  officers  of  said  company,  which  certificate 
shall  upon  presentation  to  the  county  treasurer  be  a  proper 
authority  for  said  treasurer  to  issue  a  receipt  for  the  current 
year  to  the  person  presenting  the  same. 

Sec.  17.45.  Exemptions.  Every  honorably  discharged  sol- 
dier and  sailor  of  the  L'nited  States  army  or  navy  who  served 
during  the  Spanish-American  war  or  subsequent  Philippine 
insurrection   shall  be  exempt   from   road  poll   tax:  and  every 


i  HAP.   XI. II.     POLL  TAX  183 

officer,  non-commissioned  officer,  musician  and  private  ol 
the  National  Guard  of  Utah  shall  be  exempl  from  road  poll 
tax  during  the  time  lie  shall  hold  a  commission  a^  officer 
or  be  enrolled  as  an  enlisted  man  in  the  National  Guard  of 
Utah. 

The  captain   of  any  company   of  the   National   Guard   of 
Utah  shall  furnish  to  an\    county  commissioners  on  request, 
the    name--    oi    the    officers,    musicians    and    privates    of    hi 
Company. 

Approved    March  9,    1911. 


184  CHAP.    XLIII.      HIGHWAYS. 

CHAPTER  XLIII. 

HIGHWAYS— WIDTH. 

1117.  Width  of  public  and  private  ways.  The  width  of 
all  public  highways,  except  bridges,  alleys,  lanes  and  trails, 
shall  be  at  least  sixty-six  feet.  The  width  of  all  private  high- 
ways and  by-roads,  except  bridges,  shall  be  at  least  twenty 
feet :  provided,  that  nothing  in  this  title  shall  be  so  construed 
as  to  increase  or  diminish  the  width  of  either  kind  of  high- 
wav  already  established  or  used  as  such  :  provided,  further, 
that  nothing  in  this  title  contained  shall  prevent  cities  from 
laying  out.  establishing,  opening  or  accepting  the  dedica- 
tion of  streets,  avenues,  boulevards  and  alleys  of  any  width 
the  council  of  such  cities  shall   deem  proper. 

Approved  March   11th,   1909. 

1121.  Highways  in  cities  and  towns.  Where  public 
highways  extend  through  any  incorporated  town  or  city 
they  shall  conform  to  the  direction  and  grade  and  be  sub- 
ject to  all  regulations  of  other  streets  in   such  town  or  citv. 


CHAP.  XLIV      IX  I'  >XH "AT1XG  LIQUORS.  185 


CHAPTER  XLIV. 

MANUFAl    n   U!      WD  SALE  OF   [NTOXICATING 
LIQUORS. 

AN  ACT  relating  to  the  manufacture,  sale,  exchange,  bar- 
ter and  disposition  of  intoxicating  liquor;  providing 
for  the  licensing  and  regulation  of  the  same;  providing 
for  elections  in  cities,  towns  and  county  units  to  deter- 
mine whether  the  sale  of  intoxicating  liquors  shall  be 
prohibited  therein;  permitting  sale  in  cities  and  towns 
until  a  majority  of  voters  vote  "Against  sale,"  and 
prohibiting  sale  in  county  units  until  a  majority  of 
voters  vote  "for  sale,"  applying  to  such  elections 
Chapter  10,  Title  21,  Compiled  Laws  of  Utah,  1907. 
and  also  the  provisions  of  the  General  Election  Laws 
of  the  State;  providing  penalties  and  punishment  for 
the  violation  of  any  of  the  provisions  of  this  Act ;  de- 
claring certain  rules  of  evidence  and  pleading  applic- 
able to  prosecutions  under  this  Act;  providing  means 
for  the  enforcement  of  the  provisions  of  this  Act ;  saving 
to  city  councils,  boards  of  county  commissioners  and 
boards  of  town  trustees,  the  power  to  make  further 
regulations  and  restrictions  in  addition  to,  but  not  in  con- 
flict with,  the  provisions  of  this  Act;  repealing  Sections 
1242    to    1260,    both    inclusive,    and    also    Sections    1260x 

and   1260x1,  Compiled  Laws  of  Utah,   1907. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Utah: 

1242x1.     Manufacture,    sale,    etc..    of    intoxicating    liquor 

prohibited,  without   license.     Penalty.     Any    person    who,   by 

himself,  his  clerk,  servari  nt.  shall,  for  himself,  or  any 

pcrs"t:   else,  directly  or  indirectly,  or  upon  any  pretense,  or 

■     my  devic  ed  by  law,  manufacture, 


186  CHAP.  XLIV.     INTOXICATING  LIQUORS 

exchange,  barter,  dispense,  serve,  give  away,  give  in  consider- 
ation of  the  purchase  of  any  property  or  of  any  service,  or  in 
evasion  of  this  act.  or  keep  for  sale,  any  intoxicating  liquors 
with  intent  to  violate  the  law.  within  dry  territory,  or  solicit, 
take  or  accept  any  order  to  effect  or  commit  any  of  the  fore- 
going acts,  within  dry  territory,  or  for  the  shipment,  service 
or  delivery  of  any  such  liquor,  contrary  to  law.  or  own,  keep, 
or  be  in  any  way  concerned,  engaged,  or  employed  in  own- 
ing or  keeping  any  intoxicating  liquors,  in  dry  territory, 
with  intent  to  violate  any  provision  of  law,  or  to  authorize 
or  permit  the  same  to  be  done,  in  dry  territory,  shall  be 
deemed  guilty  of  a  misdemeanor. 

Any  person  who  shall  manufacture,  sell,  exchange,  barter, 
give  away  or  otherwise  furnish  intoxicating  liquors  in  wet 
territory,  without  first  procuring  a  license  so  to  do,  as  pro- 
vided by  law,  shall  be  deemed  guilty  of  a  misdemeanor. 

1242x2.  Intoxicating  liquors  construed.  The  terms  "in- 
toxicating liquors."  as  used  in  Chapter  106,  Laws  of  Utah. 
1911.  shall  be  construed  to  mean  any  spirituous,  vinous,  fer- 
mented or  malt  liquor  that  may  be  used  as  a  beverage  and 
produces  intoxication,  and  all  mixtures  or  preparations  there- 
of that  may  be  used  as  a  beverage  and  produce  intoxication. 

The  weirds,  "dry  territory."  as  used  in  the  law  relating 
to  the  manufacture  and  sale  of  intoxicating  liquor,  shall  be 
construed  to  mean  all  territory  within  the  State  except  such 
voting  units  wherein  an  election  has  been  held  and  the 
majority  of  the  qualified  electors  have  voted  "for  sale." 

The  words,  "wet  territory."  as  used  in  the  law  of  this 
State  relating  to  the  manufacture  and  sale  of  intoxicating 
liquors  shall  be  construed  to  mean  such  voting  units  wherein 
an  election  has  been  held  and  the  majority  of  the  qualified 
electors  have  voted  "for  sale." 

1242x3.  Who  may  grant  licenses.  The  city  councils  of 
cities  of  the  first  and  second  class  in  their  respective  cities 
under   and   by   order   of   the   district    court   of   the   county   in 


CHAT    XI. IV.     INTOXICATING  LIQUORS.  187 

which  said  city  or  cities  may  be  situate  as  in  this  act 
provided,  and  the  city  councils  of  cities  of  the  third  class, 
in  their  respective  cities,  and  the  hoards  of  trustees  in 
incorporated  towns  are  hereby  authorized  to  grant  licenses 
for  the  manufacture  or  sale  of  intoxicating  liquors,  as  in 
this  act    provided. 

The  boards  of  county  commissioners  in  their  respective 

county    units    shall    have    no    authority,    except    as    in    See.    4 

of  this  act   provided,   to  grant   licenses   tor  the   manufacture 

intoxicating    liquors;    provided,    that    in    case    a 

iit\  of  the  voters  voting  at  any  election  in  any  count) 
unit  vote  "For  Sale."  as  hereinafter  provided,  then  licenses 
may  he  issued  by  the  hoard-  of  county  commissioners  of 
the  counties  SO  voting,  under  the  terms  of  this  act:  provided 
further  that  no  license  shall  he  granted  by  any  hoard  of 
counts  commissioners  for  the  -ale  of  intoxicating  liquors  at 
any  place  within  five  mile-  of  any  city  or  town  voting 
"  Against  Sale." 

Any  application  for  a  license  to  sell  intoxicating  liquors 
may  he  refused  for  good  cause  in  the  discretion  of  the 
district  courl  of  the  county  in  which  the  city  of  the  first 
and  second  class  wherein  license  is  sought  nia\  he  situate, 
the  city  council  of  the  city  of  the  third  class,  the  board  of 
trustee-  of  tin-  town  or  the  board  of  county  commissioners 
of  the  county. 

In  cities  of  the  firsl  and  second  class,  after  the  bond 
of  the  applicant  shall  he  approved  as  herein  required,  the 
application  for  a  license  together  with  the  bond  -hall  be 
filed  promptly  by  the  city  recorder  of  the  city  wherein  the 
application  is  made  with  the  district  court  or  the  clerk 
thereof  of  the  county  in  which  said  city  i-  located  and  upon 
the  district  court  in  such  county  making  an  order  that 
the  licen-e  -hall  issue  upon  such  application,  the  clerk  of 
the  court  -hall  transmit  a  certified  copy  of  such  order  and 
the  copy  of  tlu-  application  and  bond  t"  the  city  recorder 
of  the  city  wherein  the  application  is  made;  whereupon  the 

council  of  such  city  shall  cause  the  license  to  issue 


188  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

herein   authorized   and   no   such   license   shall   issue   until   the 
district  court  has  made  the  order  herein  specified. 

1242x4.  Manufacturers.  None  of  the  provisions  of 
this  act  shall  be  construed  as  prohibiting  or  intended  to 
prohibit  the  manufacture  of  intoxicating  liquors  or  the 
disposal  thereof  at  wholesale  at  the  place  where  manufac- 
tured, and  any  manufacturer  thereof  shall  have  the  right 
to  manufacture  and  dispose  of  the  same  at  wholesale  at  the 
place  where  manufactured  by  obtaining  a  license  therefor 
and  by  complying  with  the  other  provisions  of  this  act, 
and  of  all  other  laws  of  this  state  relating  to  the  manufacture 
of  intoxicating  liquors  and  the  sale  thereof  at  wholesale, 
notwithstanding  the  result  of  an)-  election  provided  for  in 
this  act  in  any  voting  unit  created  hereunder :  provided, 
that  no  license  shall  be  issued  to  any  manufacturer  who  was 
not  legally  engaged  in  the  manufacture  of  intoxicating  liquor 
at  the  time  of  holding  an}-  election  at  which  a  majority  of 
the  voters  vote  "Against  Sale." 

1242x5.  To  whom  licenses  may  not  be  issued.  Ex- 
ceptions. Xo  license  under  this  act  shall  be  granted  to  any 
person  except  to  a  male  person  over  twenty-five  years  of 
age,  or  to  a  partnership  consisting  of  male  persons,  all  of 
whom  are  over  the  age  of  twenty-five  years,  nor  to  any 
applicant  who  is  not  a  citizen  of  the  United  State.-,  and 
of  the  state  of  Utah,  nor  who  does  not  posse--  a  good 
moral  character,  nor  to  any  person  or  partnership  who  is 
not  the  owner  of  at  least  all  of  the  personal  property  used 
in  the  conduct  of  the  business  for  which  the  license  is 
granted  as  a  retailer,  nor  when  such  property  is  incum- 
bered in  excess  of  one-half  of  its  actual  value,  which  incum- 
brance shall  not  be  voluntarily  increased  during  the  term 
for  which  a  license  is  granted:  nor  to  any  person,  either 
directly  or  indirectly,  who  is  a  member  of  any  city  council. 
board  of  trustees  or  board  of  county  commissioners  in 
any   city,   town   or   county   in    which    such    license   is   applied 


[AP.  XLIV.     INTOXICATING  LIQUORS.  189 

for;  nur  shall  any  license  be  granted  to  sell  intoxicating 
liquors  in  any  place,  except  to  a  drug  store  or  hotel,  which 
is  located  within  three  hundred  feet  of  any  public  school 
or  church,  nor  outside  the  limits  of  the  business  district 
of  any  city  or  town.  The  mayor  and  city  council  in  their 
respective  cities,  and  the  board  of  trustees  in  their  respec 

towns,  shall  from  time  to  time  determine  and  fix  such 
limits  for  the  purposes  of  this  act.  No  license  shall  be 
-ranted  to  any  person  or  partnership  if  such  person  or  an) 
partner  ^i  such  firm  has  previously  violated  or  has  been 
convicted  of  violation  ^i  any  of  the  provisions  of  this 
or  who  is  an  habitual  drunkard  or  is  addicted  to  the  use 
of  intoxicating  liquors  to  excess,  nor  shall  any  retail  license 
!>e  -ranted  to  any  corporation,  except  to  bona  fide  club-. 
Such  club  license  shall,  however,  be  -ranted  in  the  name 
of  some  individual  member  to  be  designated  in  the  applica- 
tion as  the  applicant  for  the  license,  and  who  shall  posse>s 
the  qualifications,  except  ownership  of  property,  required 
by  this  act  of  individual  applicant-,  and  who  shall  be  respon- 
sible, both  civilly  and  criminally,  in  case  of  any  violation 
of  any  of  the  provisions  of  this  act,  the  same  as  any  indivi- 
dual licensee  under  this  act  would  be. 

Licenses  may,  however,  be  granted  to  individuals,  part- 
nerships  or  corporations  engaged  in  the  manufacture  of 
liquors  for  sale  at  wholesale  only. 

1242x6.     Definition  of  terms  used  in  this  act.     A  "Dwell- 
ing House"  is  defined  as  a  place  used  as  a  home  of  a  family, 
but  shall  not   include  any  building  in   which  a  tavern,  eating 
house,  rooming  house,  store,  or  ether  place  of  public  re 
is  kept. 

A  "Brewer"  is  defined  as  a  person,  partnership  or  cor- 
poration engaged  in  manufacturing  fermented  or  malt  liquors 
and  i|t>|"  ising  i  if  the  same. 

A  "Vinter"  is  defined  as  a  person,  partnership 
1  in  manufacturing  wine  from  grapi 


190  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

A  "Distiller"  is  defined  as  a  person,  partnership  or  cor- 
poration engaged  in  manufacturing  distilled  spirits  and  dis- 
posing of  the  same. 

A  "Hotel"  is  defined  as  a  place  or  house  containing 
twenty-five  or  more  rooms  for  entertaining  strangers  or 
travelers. 

A  "Club"'  is  defined  as  a  corporation  formed  solely  lor 
business  or  social  purposes,  and  which  may  incidentally  de- 
sire to  dispose  of  intoxicating  liquors  to  its  members  and 
their  bona  fide  guests  only,  which  is  the  bona  fide  owner 
of  real  property  of  at  least  $5,000  in  value  and  whose  annual 
membership  dues  amount  to  not  less  than  $12  per  year.  Xo 
organization,  not  duly  incorporated,  shall  be  regarded  as  a 
club. 

A  "Druggist  or  Pharmacist"  is  defined  as  a  person,  part- 
nership or  corporation  which  compounds  or  disposes  of  drugs 
or  medicines,  and  in  the  course  of  its  business  also  disposes 
of  intoxicating  liquors  not  to  be  consumed  upon  the  premises. 

A  "Wholesale  Dealer"  is  defined  as  a  person,  partner- 
ship or  corporation  which  disposes  of  intoxicating  liquors 
in  quantities  not  less  than  five  wine  gallons,  except  to  a 
duly  licensed  liquor  dealer. 

A  "Retail  Dealer"  is  defined  as  a  person  or  partner- 
ship which  disposes  of  intoxicating  liquors  in  quantities  of 
less  than  five  wine  gallons,  which  may  be  consumed  on  the 
premises. 

1242x7.  Amount  of  license  to  be  fixed.  Limit.  I  it\ 
councils,  boards  of  trustees  and  boards  of  county  commis- 
sioners shall  fix  the  amounts  to  be  paid  for  licenses  within 
the  following  limits:  For  annual  licenses,  excluding  cost 
and  expense  incident  to  application  for  license ; 

Retail  dealer,  not  less  than  $600  and  not  more  than 
$2,000 ; 

Wholesale  dealer,  not  less  than  $400  and  not  more  than 
$1,000: 

Distiller,  not  less  than  $400  and  not  more  than  $1,000: 


CHAP.  XLIV.     INTOXICATING  LIQUORS.  191 

Druggists  or  pharmacists,  in  voting  units  voting  "For 
Sale,"  not  less  than  $200  and  not  more  than  $600; 

Brewers  operating  a  brewery  with  an  annual  capacity 
not  exceeding  Five  thousand  barrels,  nol  less  than  $250;  with 

innual  capacity  over  five  thousand  barrels  and  nol  ex- 
ceeding twenty-five  thousand  barrels,  not  less  than  $500; 
with  an  annual  capacity  of  over  twenty-live  thousand  bar- 
rels, and  nol   exceeding  fifty  thousand  barrels,  not  less  than 

I;  with  an  annual  capacity  over  fifty  thousand  barrels 
and  ti"t  exceeding  seventy-five  thousand  barrels,  not  less 
than    $1,000;    with    an    annual    capacity   of   over    seventy-five 

sand  barrel-,  not  less  than  $1,250  per  annum. 

Clubs,  nol   less  than  $400  and  not  more  than  SJ.diH). 

1242x8.     License  to  be   paid   to  treasurer  of  city,  town. 
or  county.     Term.     No   license   shall    be   granted   or   become 
effective  until  the  applicant  shall  have  paid  to  the  treasurer  of 
the  city,  town  or  county  within  which  the  license  is  granted, 
and  shall  have  presented  to  the  city  council,  board  of  trustees 
or  board  of  county  commissioners,  the  official  receipt  of  such 
treasurer  showing  that  the  applicant  has  paid  into  the  treas- 
ury of  such  city.  town,  or  county,  the  amount  of  money  re- 
quired  by  law  or  ordinance  for  a  license.    No  license  shall  be 
granted   for  a   longer  term   than  one  year,   nor  for  a   shot 
term  than  three  months;  and  all  licenses  for  a  pen    d    •       than 
therwise  provided  in  this  act,  shall  be  at 
the  rate  of  not    less   than   two  hundred   dollars   for   each   ami 
nth,     or     fraction     thereof.       Where     licenses     are 
ud    for   the   whole   year,  or  for  a  period   of   six   months 
■re.  the  amount  of  the  license  may  be  paid  in  quarterly 
instalments,  and  if  s,,  paid  must  be  paid  not   later  than  noon 
the    first    day    of    April.    July.  and    January.      No 

lice?  ill   be   granted   for  less   than   the  annual 

license   \,>c.   regardless   of   the   period    for   which   the  same  is 
trrat" 

1242x9.  Applications.  Contents.  All  applications  for 
licenses  shall  be  tiled  with  the  city  recorder,  town  clerk- 


192  CHAP.  XLIV.     INTOXICATING  LIQUORS. 

county  clerks,  as  the  case  may  be,  and  such  applications  must 
state  the  applicant's  name  in  full,  and  that  he  has  complied 
with  the  requirements,  and  possesses  the  qualifications  speci- 
fied in  Section  5  of  this  act,  and  if  the  applicant  is  a  co- 
partnership the  names  of  all  the  partners  must  be  stated.  In 
case  of  a  club,  the  application  must  state  the  general  object 
or  purpose  thereof,  and  must  also  state  that  the  sale  of 
liquors  will  be  strictly  confined  to  the  members  thereof  and 
their  bona  fide  guests,  and  will  be  sold  only  for  consumption 
in  the  club  rooms.  All  applications  must  be  subscribed  by  the 
applicant,  who  must  state,  under  oath,  that  the  facts  stated 
therein  are  true  to  the  best  of  his  knowledge  and  belief. 
Applications  by  firms  or  co-partnerships  must  be  subscribed 
and  sworn  to,  to  the  effect  above  stated  by  all  of  the  mem- 
bers thereof.  In  addition  to  the  foregoing,  the  application 
shall  contain  a  certificate  of  at  least  five  resident  freeholders 
of  the  voting  district  in  which  the  license  is  to  be  effective,  to 
the  effect  that  each  of  the  persons  aforesaid  personally  know 
the  applicant,  that  he  is  a  man  of  good  moral  charac 
and  that  in  their  opinion  he  is  a  fit  and  proper  person  to 
be  granted  a  license.  In  case  oi  a  firm  or  co-partnership. 
the  foregoing  certificate  shall  be  made  to  cover  all  of  the 
members.  No  application  shall  be  accepted  or  filed  by  the 
recorder,  town  clerk  or  county  clerk  unless  the  state- 
ments therein  contained  substantially  conform  to  the  fore- 
going pri       -       Sj  and  is  certified  to  as  aforesaid. 

1242x10.     Revocation  of  licenses.     The   district   court    of 
the  several   counties  in   which   cities  of  the   first   and   second 

SS  may  be  situated,  city  councils  of  cities  oi  the  third  cl    -• 
board  of  trustees  or  board  of  county  commissioners,  for  viola- 
tion of  any  of  the  provisions  of  this  act  or  any  ordinance,  or 
for  any  other  good  cause,  and  upon  not  less  than  three  da    - 
notice  to  the  licensee  of  the  grounds  of  the  complaint,  name 
of  complainant,  and  of  the  time  and  place  at  which  the  pro- 

S<  1    revocation    will   be   considered,   may   revoke   a   license 
granted  within  the  city,  town,  or  county,  as  the  case  may  be. 


CHAP.  XLIV.     INTOXICATING  LIQUORS  193 

the  purpose  of  carrying  out  the  provisions  of  this  sec- 
tion, the  district  court,  city  council,  hoard  of  trustees  or 
board  of  county  commissioners,  as  the  case  may  be,  shall 
have  power  to  issue  or  cause  to  be  issued  subpoenaes  and  to 
compel  the  attendance  of  witnesses  and  to  administer  oaths. 
All  complaints  under  this  -\  shall  be  in  writing,  signed 

by  the  complainants  and  filed  with  the  recorder  or  clerk,  as 
the   case  may  be.     The  district    courts  of   the   several   coun- 

wherein  are  situated  cities  of  the  first  and  second  c 
shall  make  and  enforce  rules  of  procedure  and  practice  upon 
application  for  license,  hearing  of  protests  upon  applications, 
and  the  revocation  of  licenses  so  that  such  matters  may  be 

lily  tried  and  determined  in  accordance  with  justice 
and  right. 

1242x11.  Bond.  Xo  license  shall  be  granted  to  any 
applicant  under  this  act  unless  such  applicant  shall  have  exe- 
cuted and  delivered  to  the  city  council,  board  of  trustees,  or 
boar  inty  commissioners   issuing  the   license,   a   bond 

in  the  penal  sum  of  three  thousand  dollars,  payable  to  the 
•   county,  as  the  case  may  be,  issuing  the  license, 
with  at   least   two  good  and  sufficient   sureties   who  shall  be 
free'  he   county    in    which    the    license    is   granted, 

relies  the  applicant  may  furnish  a  bond 
in   the   penal   sum   aforesaid,   executed   by   some   surety  com- 
pany who  is  authorized  to  do  business  in  this  state.     If  said 
er  form,  it  shall  be  approved  and  filed  by  the 
wn   cler!.  inty  clerk.     The  bond   shall 

that   the  licensee   will   not   violate  any  of   the 
r  any  ordinance   under   which   such 
inted;  that  he  will  pay  all  damages,  fines,  penal- 
hat  may  be  adju  gainst  him  under 
the                                         ict.     The   bond    to  be   taken    in    each 
may  be  substantially  in   the   following  form: 

KNOW  ALL  MF.X  BY  Ti      =  IS.  that  we 
as  principal  and 

1    and    1  


194  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

are  held  and  firmly  bound  unto  the  city,  town  or  county  of 

,  State  of  Utah,  in  the  sum  of  three 

thousand  dollars,  to  which  payment  well  and  truly  to  be  made 
we  bind  ourselves  and  our  legal  representatives. 

Sealed  with  our  seals  this day  of 

A.  D.  19.... 

The  condition  of  this  obligation  is  such,  that  whereas 
the    above    bounden    A.    B.    has    this    day    been    licensed    by 

License  No by  the  mayor  and  city  council 

of  the  city  of (or  the  trustees  of 

the  town  of or  the  county  commis- 
sioners of  the  county  of )   in  the  county 

of Now,  if  the  said  A.  B-  shall 

well  and  truly  comply  with  all  the  provisions  of  law  and 
ordinances  relating  to  the  sale  of  intoxicating  liquors,  and 
shall  also  pay  all  damages,  fines,  penalties  and  forfeitures 
incurred  by  violation  of  such  provisions  of  law  and  ordinances, 
and  all  other  damages  recoverable  under  the  provisions  of 
the  law  relating  to  the  sale  of  intoxicating  liquors,  then 
this  bond  shall  be  void,  but  otherwise  in  force. 


Principal. 


Sureties. 
No  person  who  is  a  principal  or  surety,  except  a  surety 
company,  upon  any  bond  given  under  this  act,  shall  be  per- 
mitted to  become  a  surety  upon  any  other  bond  of  like 
character.  Each  surety,  except  as  aforesaid,  shall  make  a 
written  statement,  under  oath,  that  he  is  not  a  surety  upon 
any  other  bond  given  under  the  provisions  of  said  section, 
and  such  statement  shall  be  kept  on  file  with  the  bond.  No 
such  bond  shall  be  accepted  or  approved  until  each  surety 
has  made  and  subscribed  a  statement  under  oath  that  he  is 
worth  not  less  than  three  thousand  dollars  over  and  above 
all  liabilities  and  indebtedness  and  all  property  exempt  from 
execution,  and  the  statement  so  made  shall   designate   suffi- 


CHAT    XLIV.     INTOXICATING  LIQUORS.  195 

cient  property,  real  or  personal,  to  cover  the  requirements 
of  the  bond,  and  shall  be  kept  on  file  with  the  bond  in  con- 
nection with  which  said  statement  is  made. 

1242x12.  Liability  of  licensees.  Actions.  All  licensees 
under  this  act  shall  be  liable  for  and  be  required  to  pay  all 
damages  that  the  community  i  ir  individuals  may  sustain  in 
consequence  of  the  sale  of  and  traffic  in  intoxicating  liquors. 
A  married  woman  shall  have  a  right  of  action  against  a 
licensee,  or  his  bondsmen  or  both,  for  loss  of  support  of  her- 
self and  minor  children,  and  she  may  maintain  such  action  in 
her  own  name:  provided,  that  in  order  to  avail  herself  ol 
the  provisions  of  this  act  she  shall  have  notified  the  licensee 
in  writing  nol  to  sell  liquor  to  her  husband.  In  such  action 
it  shall  only  be  necessary  to  prove  that   the  licensee  or  his 

t  has  sold  or  given  intoxicating  liquors  to  her  husband, 
and  that  by  reason  thereof  he  became  disqualified  to  provide 
for  her,  or  for  his  minor  children.  Any  licensee  under  this 
act,  who  shall  -ell  or  give  to  any  person  who  is  already  in- 
toxicated or  visibly  under  the  influence  of  liquor,  any  in; 
eating  liquors,  shall  be  liable  to  such  person  for  actual  dam 
ages  sustained  by  him  by  reason  of  any  injury  that  such 
person  may  sustain  by  reason  of  hi-  intoxicated  condition. 
m  case  such  person  by  reason  of  such  condition  has 
temporarily  ntrol    of    his     faculties    and    by    rea 

thereof   is    injured.      Such    action    may    be    maintained    in 
name  of  the  injured  person. 

1242x13.     How  actions  may  be  brought.     Any  person  de 
siring    to   bring   an    action    under    tin    provisions    of    this 
shall,  upon   application   to   any  city   recorder,   town    clerk. 
nty   clerk,   upon    paying   the   sum    of   one   dollar   then 
ntitled  rtified   copj    of   any   bond    given 

under   the   pi  this   act.      Such   copy    when    certified 

inder  the   hand  and    -  .  town   clerk 

ty  clerk,  shall  be  received  in  evidence  upon  the  trial  of 
ithout  accounting  for  or  proving 
i.il. 


196  CHAP.  XLIV.     INTOXICATING  LIQUORS. 

1242x14.  Id.  Actions  on  the  bond  provided  for  in  this 
act  for  damages  or  forfeitures  may  be  brought  in  any  court 
having  jurisdiction  of  the  amount  claimed  regardless  of  the 
penalty  fixed  in  the  bond.  Successive  actions  may  be  brought 
upon  any  bond  in  any  court  having  jurisdiction  until  the 
penalty  named  in  the  bond  has  been  fully  exhausted.  In 
any  such  action,  it  shall  not  be  necessary  for  the  plaintiff  to 
allege  and  prove  the  amount  of  the  penaltv  which  remains 
unexhausted,  but  it  shall  be  the  duty  of  the  defendants  to 
allege  and  prove  such  fact,  if  it  be  a  fact,  and  a  failure  to  do 
so  upon  their  part  shall  constitute  a  waiver,  and  the  bond 
shall  be  treated  for  the  purpose  of  the  action  as  a  full  bond. 

1242x15.  Sale  of  liquor  upon  prescription.  Any  regis- 
tered pharmacist  may,  within  any  city,  town  or  county  unit 
which  may  vote  "Against  Sale,"  as  hereinafter  provided, 
sell  and  furnish  intoxicating  liquors  for  medicinal  purposes 
only,  upon  the  written  prescription  of  a  regularly  practicing 
physician  of  this  state,  in  the  manner  herein  provided.  The 
prescription  shall  contain  the  name  of  the  person  prescribed 
for.  the  quantity  and  kind  of  liquor  prescribed,  and  shall 
be  signed  by  the  prescribing  physician.  No  prescription 
shall  be  filled  hereunder  except  upon  the  day  upon  which 
it  is  dated  and  issued,  or  upon  the  following  day.  On  the 
first  day  of  June  and  January  of  each  year,  the  registered 
pharmacist  shall  file  all  said  prescriptions  filled  within  the 
preceding  six  months,  with  the  city  recorder,  town  clerk,  or 
county  clerk,  as  the  case  may  be,  of  the  city,  town  or  county 
unit  in  which  such  prescriptions  are  filled,  and  a  certified 
copy  of  the  same,  or  the  original  prescription,  shall  be  prima 
facie  evidence  in  any  court  in  this  state.  Such  prescriptions 
shall  at  any  time  after  having  been  filled  be  open  to  public 
inspection.  A  fee  of  one  dollar  for  each  lot  of  prescriptions 
so  filed  shall  be  paid  by  such  druggist  to  the  city  recorder, 
town  clerk  or  county  clerk,  as  the  case  may  be.  No  pre- 
scription shall  be  refilled,  nor  shall  mor<  than  one  quart  be 
furnished  on  one  prescription.     Nothing  in   this  act    shall  be 


CHAP.  XLIV.     INTOXICATING  LIQUORS.  197 

construed  to  prevent  drti.u^ists  or  registered  pharamcists  fur- 
nishing  or  selling  intoxicating  liquors  in  wholesale  quanti- 
to  registered  pharmacist-,  to  public  or  charity  hospitals, 
to  medical  or  pharmaceutical  colleges,  or  to  scientific  schools 
ns.  All  druggists  or  registered  pharmacists  shall 
keep  a  comp  ecord   of  all  sales  at    wholesale  of  intoxi- 

cating liquor,  which  record  shall  at  all  times  be  open  to 
inspection  of  the  peace  officer  of  any  city,  town  or  count}-. 
No  physician  shall  issue  a  prescription  except  for  a  bona 
fide  medical  purpose. 

1242x16.  Revocation  of  license  of  physician,  druggist  or 
pharmacist.  After  the  second  conviction  of  any  physician, 
druggist  or  pharmacist  for  violating  any  of  the  provisions  of 
this  act,  it  shall  be  a  pari  of  the  judgment  of  conviction  that 
his  license  to  practici  me.  pharmacy  or  dispense  drugs 

voked,  and  the  court  before  whom  such  person  shall  he 
tried  and  convicted  shall  cause  a  certified  copy  of  such  judg- 
ment of  conviction  to  be  certified  to  the  state  board  having 
authority  to  issue  such  a  license.  After  revocation,  no  lie 
shall  eveT  be  granted  to  the  person  whose  license  is  revoked 
edicine,  pharmacy  or  dispense  drugs  in  the  State 
of  Utah. 

1242x17.     Sale  of  certain  "patent"   medicines  prohibited. 

Exception.     No   druggisl    or   other   preson    within   any   city, 

n   or  comity  unit    voting  "Against    Sale."   shall   sell,  dis- 

of  or  sjive  away   any   proprietary,  patent  or  compound 

medicim  1    by    the    I  mmissioncrs   of    Internal 

Revenue  as  subject    to   the    I   .   S.   internal   special   tax   as  an 

ting   liquor   insufficiently   medicated   to   render   them 

litable  as  bevera  cept   upon   the   prescription 

licensed  and  practicing  physician  of  this  state. 

1242x18.  Sale  of  alcohol  and  wines  for  special  purposes 
permitted.  Nothing  in  this  act  .-hall  prohibit  the  sale  by 
licensed  pharmacists  or  wholesale  dn  within  any 


198  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

town  or  county  unit,  which  may  vote  "Against  Sale"  of 
alcohol  for  art,  scientific  or  mechanical  purposes  or  wines  to 
church  officials  for  sacramental  purposes.  A  record  of  each 
sale  shall  be  made  and  preserved  in  a  book  kept  for  that 
purpose,  signed  by  the  person  receiving  the  same ;  which 
record  shall  be  open  to  public  inspection.  No  person  shall 
purchase  any  such  alcohol  or  wines  for  any  use  other  than 
stated  in  this  section. 

1242x19.  Sale  by  druggists  or  pharmacists  prohibited, 
except  for  medical  purposes.  No  druggist  or  license  phar- 
macist shall,  within  this  state,  sell,  exchange,  barter,  give 
away  or  otherwise  furnish  for  consumption  on  the  premises 
in  which  he  is  licensed  to  dispense  drugs  or  in  any  place  in 
any  way  connected  therewith,  any  intoxicating  liquors,  ex- 
cept for  medicinal  purposes,  as  herein  provided. 

1242x20.  Manufacturers  and  wholesalers  not  to  be  in- 
terested in  procuring  retail  license.  Exception.  It  shall  be 
unlawful  for  any  person,  partnership  or  corporation  engaged 
in  the  manufacture  or  sale  at  wholesale  of  intoxicating  liquors, 
or  any  agent,  officer  or  employe  of  any  such  person,  partner- 
ship or  corporation,  to  aid  or  assist  in  any  manner,  directly 
or  indirectly,  under  pretext  or  otherwise,  in  the  application 
for  or  procuring  of  license  for  the  sale,  at  retail  of  intoxi- 
cating liquors  in  this  state,  or  to  engage  in  or  in  any  manner 
become  interested,  under  pretext  or  otherwise,  in  the  retail 
traffic  in  such  liquors  in  this  state:  provided,  however,  that 
a  manufacturer  or  wholesaler  of  intoxicating  liquor  other 
than  a  corporation  may  have  not  to  exceed  one  retail  license. 

1242x21.  Id.  Not  to  construct  or  rent  premises  for 
retail  business.  It  shall  be  unlawful  for  any  person,  cor- 
poration or  association  engaged  in  the  manufacture,  or  sale 
at  wholesale  of  intoxicating  liquors,  or  his.  its  or  their  offi- 
cers, agents  or  employes  to  construct  for,  or  let  to  any 
person,    directly    or    indirectly,    undet    pretext    or    otherwise. 


CHAP.  XLIV.     INTOXICATING  LIQl'ORS  199 

,m\    building,  room,  shed,  apartment,  structure  <  on, 

or  in  which  to  conduct  the  retail  sale  of  intoxicating  liqu 

1242x22.  Soliciting  unlawful  aid  or  assistance.  It  shall 
be  unlawful  for  any  person  to  solicit  or  receive  from  any 
person,  corporation,  or  association  engaged  in  the  manufac- 
ture or  sale  of  intoxicating  liquors,  or  his,  its  or  their 
officers,  agents  or  employe.-,  any  aid  or  assistance  directly 
or  indirectly  under  pretext  or  otherwise,  in  the  securing 
or  use  of  any  license  for  the  retail  sale  of  any  intoxicating 
liquors  in  this  state,  or  to  lease,  occupy  or  use,  directly 
or  indirectly,  under  pretext  or  otherwise,  any  building  room, 
shed,  apartment,  structure  or  place  owned  or  controlled  by 
any  such  person,  corporation,  or  association  engaged  in  the 
manufacture,  or  sale  at  wholesale  of  intoxicating  liquors, 
or  any  trustee  of  any  such  person  or  corporation,  on  or  in 
which  to  conduct  the  retail  sale  of  any  intoxicating  liquors 
in  tin-  state. 

1242x23.     Employment  of  minors  prohibited.      No  holder 
of  a  license  tor  the  sale  at  retail  of  intoxicating  liquors  shall 
employ    any    person    under    the    age    of    twenty-one    year-    to 
h  liquors  to  be  drunk  on  the  premi- 

1242x24.     Id.     No     person,     partner-hip    or    corporation 
shall    employ    a    minor    under    the    age    of    twenty-one    y 
in  handling  intoxicating  liquors  or  packages  containing  such 
ors    in    a    brewery    or    bottling    establishment,    in    which 
such  liquors  are  prepared  for  sale  or  offered  for  -ale. 

1242x25.  Opening  and  closing  of  saloons.  It  -hall  be 
unlawful    for   any   licensed    retail    dealer   by    himself,   clerk 

mt   to  keep   his   •  :    business   open   on   the   da) 

any   gem  special   election,  or  on    Sunday,   or   bet  v. 

the    hour-    of    In    j).    m.    standard    time,    on    any    day    and    6 

i     m.    the   following   morning 
of  the  first  and  second  cl  hall  be  lawful,  ui  ther- 


200  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

wise  provided  by  ordinance  in  such  cities,  for  such  places 
of  business  to  remain  open  between  the  hours  of  6  o'clock 
a.  m.  and  12  o'clock  midnight,  and  it  shall  be  unlawful  for 
any  such  licensee  to  sell,  barter,  give  away  or  otherwise 
furnish  intoxicating  liquors  within  the  hours  during  which 
the  place  of  business  of  such  licensee  is  herein  required  to 
be  closed.  It  shall  be  unlawful  for  any  club,  druggist  or 
pharmacist  to  sell,  exchange,  barter,  give  away  or  other- 
wise furnish  any  intoxicating  liquors  between  the  hours  of 
12  o'clock  p.  m.,  standard  time,  on  any  day  and  6  o'clock 
a.  m.  the  following  day;  provided,  that  druggists  and  phar- 
macists may  sell  intoxicating  liquors  between  such  hours 
for  medicinal  purposes  only.  City  councils,  boards  of  trustees 
and  county  commissioners  may  shorten,  but  shall  not 
increase,  the  hours  during  which  intoxicating  liquors  may 
be  sold  as  herein  provided. 

1242x26.  Saloons  must  be  vacated  after  hour  of  closing. 
Exception.  It  shall  be  unlawful  for  any  licensed  retail  dealer 
by  himself,  agent  or  servant,  to  permit  anyone  to  remain 
in  the  saloon  after  the  hour  of  closing,  as  provided  in  the 
preceding  section,  but  at  the  time  when  such  saloon  should 
be  closed,  he  shall  require  all  persons  to  at  once  vacate  the 
premises  and  see  that  the  doors  are  securely  closed  and 
locked;  provided,  however,  that  the  dealer,  his  agent  or 
servant  may  remain  in  the  saloon  for  thirty  minutes  after 
the  hour  of  closing,  and  that  on  Sunday  the  saloon  keeper 
or  his  employe  may  enter  said  saloon  for  the  purpose  of 
attending  to  the  fires  and   lights,  and   for  no  other  purpose. 

1242x27.     Booths,  curtains  or  partitions  prohibited.     No 

licensed  retail  dealer  by  himself,  agent  or  servant,  except 
clubs  and  pharmacists,  shall  sell  or  expose  for  sale,  barter. 
give  away  or  otherwise  furnish  any  intoxicating  liquors,  except 
in  a  single  room,  which  room  shall  contain  no  booths,  cur- 
tains, or  partitions  except  such  as  may  be  necessary  for  the 
sole    purpose   of    screening   said    room    from    the   public   gaze 


CHAP    XI. IV.     INTOXICATING  LIQUORS  201 

from  the  street  or  exterior;  provided  that  a  oi    pai 

titioned  water-closet  may  l>e  maintained  in  such  singli 
provided,  further,  thai  nothing  contained  in  this  section  shall 
prevent  the  serving  in  public  dining  rooms  ol  intoxicating 
liquors  with  meals;  provided,  further,  thai  an)  firm  or  person 
engaged  in  the  hotel  business  and  licensed  to  sell  infc 
eating  liquors  in  a  hotel  building,  having  not  less  than  one 
hundred  and  twenty-five  bedrooms,  maj  deliver  intoxicating 
liquors  to  be  served  at  all  meals  in  said  hotel,  from  a  service 
l>ur  or  sti  n  separate  and  apart  from  the  room  in  which 

Mich  retail  liquor  business  is  licensed  to  be  conducted 

During  the  time  when  places  where  intoxicating  liquors 
sold  arc  required  by  law  to  be  closed,  all  blinds,  screens 
and  curtains  shall  be  withdrawn  from  111=  and  windows 

of    such    pl.ut-..    and    the    interior    doors,    screens,    Minds    and 
curtain-  shall  be  so  opened  thai  an  unobstructed  view  of  the 
interior   of    such    places    may    be    had    from    the    sidewalk    01 
ri< >r  of  all  such  places. 

Approved    March   20th,    1913. 

1242x28.  Saloons  must  be  conducted  in  an  orderly  man- 
ner. Gambling  or  entertainment  forbidden.  The  licensed 
premises  shall  be  conducted  in  a  quiet,  orderly  manner;  there 
shall  be  no  gambling  or  gaming  with  card-,  dice,  billiards  or 
any  other  device,  nor  any  music,  phonograph,  '""  Other  form 
of  amusement  or  entertainment,  or  free  lunch,  nor  lunch  for 
which  money  i-  paid,  in  the  room  where  said  business  is 
carried  on;  there  shall  be  no  nude,  obscene  or  impure  di 
rations,  pictures,  inscription,  placards,  or  any  such  thing  in 
the  place;  no  female  shall  be  employed  in  the  place;  no 
woman,  minor,  drunkard  or  intoxicated  person  shall  be  al- 
lowed in  the  room;  there  shall  be  no  chairs,  benches,  nor  any 
other  furniture  in  the  room  except  behind  the  bar,  and  only 
h  behind  the  bar  as  is  necessary  for  the  attendants. 

1242x29.     Must  not  be  connected  with  any  premises  used 
tor   unlawful   purposes.      It    shall   be    unlawful    for   any   dealer 


202  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

in  intoxicating  liquors  by  himself,  agent  or  servant,  to  permit 
the  room  wherein  he  is  licensed  to  sell  liquor  to  be  in  any  way 
connected  with  any  room  wherein,  or  connected  with  which 
any  prostitution  or  lewd  practices  are  indulged  or  permitted; 
or  wherein  any  prostitutes  are  permitted  to  visit  for  any  pur- 
pose ;  or  wherein  any  women  are  permitted  for  any  unlawful 
purpose.  Under  this  rule  any  room  into  or  from  which  there 
are  any  means  of  entrance  or  communication  with  the  place 
of  business  of  such  licensee  by  door,  stair,  elevator,  dumb- 
waiter, speaking  tubes,  electric  apparatus,  or  other  means  of 
communication,  shall  be  deemed  connected  with  the  place  of 
business  of  the  licensee,  whether  such  rooms  are  under  the 
control  of  such  licensee  or  not. 

1242x30.  Sale  of  liquor  to  Indians,  etc.,  prohibited.  No 
intoxicating  liquor  shall  be  sold  to,  procured  for,  or  delivered 
to  an  Indian,  insane  person,  idiot,  or  to  a  minor,  either  for 
his  own  use  or  the  use  of  any  other  person,  except  for  medi- 
cinal purposes  upon  the  prescription  of  a  physician. 

1242x31.  Minor  falsely  representing  his  age.  Penalty. 
Every  person  under  the  age  of  twenty-one  years  who  shall 
for  the  purpose  of  obtaining  intoxicating  liquors  from  any 
licensee,  or  other  person,  falsely  represent  his  age,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
be  fined  for  each  offense  not  exceeding  twenty-five  dollars, 
or  lie  imprisoned  not  exceeding  fifteen  days  in  jail,  or  both, 
in  the  discretion  of  the  court.  Nothing  in  this  section  con- 
tained shall  excuse  any  sale  of  intoxicating  liquors  to  a  per- 
son under  the  age  of  twenty-one  years. 

1242x32.  Adulterations.  Any  retail  liquor  dealer  who 
shall  adulterate  or  mix  with  any  foreign  substance  any  in- 
toxicating liquors,  or  shall  sell  or  otherwise  dispose  of  any 
such  liquor,  knowing  or  having  reasonable  cause  to  believe 
that  the  same  has  been  adulterated,  or  who  shall  mix  to- 
gether different  kinds  of  liquors,  either  for  bar  purposes,  or  to 


CHAP.  XLIV.     INTOXICATING  LIQUORS.  203 

be  sold  in  bottles,  ■'hall  place  upon  the  container  where  such 
liquor  is  kept  and  upon  the  bottle  wherein  such  liquor  is 
bottled  and  offered  for  sale,  a  label  or  stamp  setting  forth 
lain  and  legible  type  the  true  formula  of  such  adultera- 
tion or  mixture.  This  section  shall  not  be  construed  as  al- 
lowing the  use  for  adulteration  of  intoxicating  liquors  of  any 
substances  prohibited  by  Section  740,  Compiled  Laws  of  Utah, 
1907. 

1242x33.     In   case   of   riot   or   public   excitement,   saloons 

may  be  closed.      The  mayor  of  a  city,  the  trustee^  of  a  town. 

and  the  commissioners  of  any  county,  may.  in  case  of  riot  oi 

u;reat    public  excitement,  order  persons   who   hold   licenses   not 

away  or  deliver  any  intoxicating  liquor  on    the 

licensed  premises  for  a  period   not  exceeding  seven   days   at 

any  one  time,  and  no  person  shall,  by  himself,  or  his  agent, 

ervant,  -ell.  give  away  <>r  deliver  any  intoxicating  liquor 

in    violation    of   an    order    given    under    the    provision    of    this 

section;  provided,  however,  that  if  the  licensed  premises  shall 

rdered   closed   for  a   period  of   more   than  one   week,   the 

licensee  -hall  be  entitled  to  have  refunded  a  pro  rata  amount 

the    license   paid   during    the   time   the   licensed    premises 

•  be  closed 

1242x34.     Delivery  and  sale.     The  delivery  of  intoxicat- 
ing liquor  in  a  building,  booth,  stand  or  other  place. 
ept    a    private   dwelling   house,   or   in    or    from    a   private 
lling    house    if    any    part    thereof   or    its    dependencies    is 
an  inn,  eating  h  shop  of  any  kind,  or  other 
place  of  common   resort,   such   delivery   in   either  case   being 
.   person   not   a   resident   therein,  shall   be  prima  facie  evi 
I           ch  delivery  is  a  sale. 

1242x35.     U.    S.    internal    revenue    special    tax    stamp   as 

evidence.      \   certified   copy  of  entries  made   in  No, 

■  Is   of    the    l\    S.    Internal    Revenue    Collector 

showing  the   payment    of   the    U.   S    internal    revenue   special 


2U4  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

tax  for  the  manufacture  or  sale  of  intoxicating  liquors,  shall 
be  prima  facie  evidence  in  the  courts  of  this  State  of  such 
manufacture  or  sale  by  the  party  named  therein  within  the 
period  set  forth  in  said  record. 

1242x36.  Prosecutions.  In  all  suits  or  prosecutions 
under  the  general  liquor  law  of  this  State,  it  shall  be  necessary 
to  state  in  the  complaint  or  affidavit  the  time  and  place 
of  sale,  but  shall  not  be  necessary  to  state  the  kind  of  liquor 
sold,  nor  to  describe  the  place  where  sold,  nor  to  show  knowl- 
edge of  the  principal  to  convict  for  the  unlawful  acts  of  the 
agent  or  servant  committed  within  the  ordinary  course  of 
the  master's  business ;  provided,  that  in  case  the  principal 
shall  show  that  he  had  no  knowledge  of  the  unlawful  act 
or  acts  of  his  agent  or  servant  so  committed,  such  principal 
shall  not  be  punished  by  imprisonment,  as  provided  by  law  : 
any  clerk,  servant,  employe,  or  agent  of  any  licensee,  or  other 
person,  engaged  or  aiding  in  any  violation  of  any  of  the 
provisions  of  this  act  shall  be  charged  and  convicted  as  a 
principal. 

1242x37.  Suits  for  liquor  bills.  Xo  suit  for  liquor  bills, 
when  sold  in  less  quantity  than  five  wine  gallons  at  one 
time,  shall  be  maintained  in  any  court  in  the  state,  and  when 
it  shall  be  made  to  appear  that  any  promissory  note,  mort- 
gage, or  other  obligation  on  which  a  suit  is  pending  was 
given  for  liquor  sold  in  less  quantity  than  five  wine  gallons 
at  one  sale,  and  that  the  plaintiff  or  one  of  several  plaintiffs 
had  knowledge  of  that  fact  at  the  time  he  acquired  such  note, 
mortgage,  or  other  obligation,  such  suit  shall  be  dismissed  at 
the  cost  of  the  plaintiff,  except  such  sales  be  for  medicinal, 
mechanical,  manufacturing,  art  or  sacramental  purposes. 

1242x38.  Sale  made  where  delivery  and  payment  were 
made.  That  in  all  cases  where  the  purchase  price  for  intoxi- 
cating liquors  is  paid  to  the  person  who  makes  manual  de- 
livery of  any  such  liquors  to  the  vendee  thereof,  the  sale  shall 


CHAP.  XLIV.     INTOXICATING  LIQUORS.  205 

be  held  to  have  been  made  in  the  place  where  delivery  and 
payment   were  made. 

1242x39.  Consignments  to  be  inscribed.  It  shall  be 
unlawful  i"  consign  intoxicating  liquors  from  an)  point 
in  the  State  of  Utah  to  any  other  point  therein  except 
there  be  inscribed  on  the  exterior  of  the  outer  package 
taining  said  vessels  in  legibile  letters  the  name  of 
the  consignee,  the  name  of  the  contents  and  quantity  con 
tained  therein;  and  it  shall  be  unlawful  to  consign  from  any 
poinl  in  the  State  of  Utah  to  an)  other  point  therein  any 
intoxicating  liquors  to  a  fictitious  person  or  consignee,  or  in 
the  name  •  if  ;nn  other  preson  except  the  actual  bona  fide  con 
signee  thereof;  and  it  shall  be  unlawful  for  any  person  to 
erase,  mutilate,  remove  or  cover  up  said  inscription. 

1242x40.  Common  carriers.  It  shall  be  unlawful  for  any 
common  carrier  to  knowingl)  receive  for  transportation,  or 
with  such  knowledge  to  transport,  from  an)  poinl  in  the 
State  of  Utah  to  any  other  point  herein,  an.  intoxicating 
liquors  except  the  vessels  containing  such  intoxicants,  and  the 
"titer  packages  containing  said  vessels  shall  have  inscribed 
on  the  exterior  thereof  in  plain,  legible  letters,  the  nami 
the  contents  and  quantity  ined   therein;  and  it   shall  be 

unlawful  for  any  common  carrier  to  knowingly  receive  for 
transportation,  between  points  within  the  State  of  Utah,  any 
intoxicating  liqui  ed  to  a  fictitious  person  or  con- 

signee, or  to  deliver  any  intoxicating  liquors,  transported  as 
afore-. iid.  to  anj  person  except  the  actual  bona  fide  consignee 
there<  if,   i  r   hi>   duly   authi  iri  nt. 

All  common  carriers  delivering  intoxicating  liquor  within 
tin-  State  in  an)  "dry  territory."  as  defined  by  the  laws  of 
tln>   State,  are   required   to   keep  at    the   place  of  delivery   a 

rate  book  which  shall  contain  a  full  and  complete  record 
of  shipments  of  all  intoxicating  liquor  delivered  by  them  to 
any  person  in  such  dry  tern'  rds  shall  be  kept 

tor  on,-   year   after   delivery.       \ny    person    violating   any   of 

14 


206  CHAP.  XLIV.     INTOXICATING  LIQUORS. 

the  provisions  of  this  act   shall   be  deemed  guilty  of  a  mis- 
demeanor. 

Approved  March  20th.  1913. 

1242x41.  Unlawful  to  sell  within  five  miles  of  any  camp, 
etc.  It  shall  be  unlawful  for  the  board  of  county  commis- 
sioners of  any  county  in  this  state  to  grant  a  license  to  any 
person  to  sell,  barter,  exchange,  give  away  or  otherwise  fur- 
nish malt,  spirituous  or  vinous  liquors  within  five  miles  of 
any  camp  or  assembly  of  men  engaged  in  the  construction  or 
repair  of  any  railroad,  canal,  reservoir,  public  work,  or  other 
kindred  enterprise,  where  twenty-five  or  more  men  are  em- 
ployed. 

1242x42.  Nuisances.  All  places  where  intoxicating 
liquors  are  manufactured,  sold,  bartered,  given  away,  or 
otherwise  furnished  in  violation  of  law,  or  where  persons 
are  permitted  to  resort  for  the  purpose  of  drinking  intoxi- 
cating liquors  as  a  beverage  in  violation  of  law,  or  where 
intoxicating  liquors  are  kept  for  sale,  giving  away,  or  other- 
wise furnishing,  in  violation  of  law,  and  all  intoxicating 
liquors,  bottles,  glasses,  kegs,  pumps,  bars,  and  other  prop- 
erty kept  in  and  used  in  maintaining  such  a  place,  are  hereby 
declared  to  be  common  nuisances;  and  every  person  who 
maintains  or  assists  in  maintaining  such  a  common  nuisance, 
shall  be  guilty  of  a  misdemeanor. 

1242x43.  Search  and  seizure.  If  any  county,  city  or 
town  attorney,  sheriff,  or  chief  of  police  or  marshal  of  any 
citv  or  town  has  probable  cause  to  believe  that  intoxicating 
liquors  are  manufactured,  sold,  bartered,  given  away  or  other- 
wise  furnished,  in  violation  of  law  or  are  kept  for  the  pur- 
pose  of  selling,  bartering,  or  giving  away  or  otherwise  fur- 
nishing in  violation  of  law,  it  shall  be  the  duty  of  such 
county,  city  or  town  attorney,  sheriff,  chief  of  police  or  mar- 
shal of  any  city  or  town  forthwith  to  make  and  file  with  a 
judge   of   a    district   court    or   a    justice    of   the    peace    in    the 


I 


CHAP.  XLIV.     INTOXICATING  LIQUORS.  207 

county,  written  information  supported  by  his  oath  or  affirma- 
tion, that  he  lias  reason  to  believe,  and  does  believe  that 
intoxicating  liquor  is  being  manufactured,  sold,  bartered, 
given  away,  or  otherwise  Eurnished,  or  is  beiiiLC  kept  for  the 
purpose  of  selling,  bartering,  giving  away,  or  otherwise  fur- 
nishing, in  violation  of  law,  said  judge  or  justice  shall  upon 
finding  probable  cause  for  such  information,  issue  a  search 
warrant,  directed  to  any  peace  officer  in  the  county,  de- 
scribing  as  particularly  as  may  be,  the  liquor  and  the  place 
described  in  said  information,  and  the  person  named  or 
described    in    said    information    as    the    owner    or    keeper    of 

liquor,  and  commanding  the  said  officer  to  search  thor- 
oughly said  place,  and  to  seize  the  said  liquor  with  the  ves- 

containing  it.  and  all  implements,  furniture  and  fixtures 
used  or  kept  for  such  illegal  manufacturing,  selling,  bartering, 

ng  away,  or  otherwise  furnishing  of  such  liquors,  and  to 
keep  the  same  securely  until  final  action  be  had  thereon; 
whereupon  the  said  peace  officer  to  whom  such  warrant  shall 
he  delivered  shall  forthwith  obey  and  execute  as  effectually 
as  possible  the  commands  of  said  warrant  and  make  return 
promptly   of    hi-   doings   to   said   judge   or   justice,   and   shall 

rely  keep  all  liquors  so  seized  by  him  and  the  vessels 
containing  them  until  final  action  be  had  thereon.  A  copy 
of  -aid  warrant  shall  be  served  upon  the  person  or  persons 
found  in  possession  of  any  such  intoxicating  liquor,  furniture 
or  fixtures  so  seized,  and  if  no  person  be  found  in  the  pos- 
iion  thereof,  a  copy  of  said  warrant  shall  be  posted  on  the 
door  of  the  building  or  room  wherein  the  same  are  found. 
If  admission  to  such  building  or  room  i-  refused,  the  officer 
directed  to  serve  the  warrant  is  hereby  authorized  and 
quired    by   law    to    force   open    the    same.      If    the    plac<     to    be 

lied  be  a  dwelling  house   in    which   any   family   resides, 

and  in  which  no  tavern,  eating  house,  grocery  or  other  place 

public    r<  ■  'Kept,    -uch    warrant    shall    not    be    issued 

Unless  -uch  complaint    shall,  on   oath   or   affirmation,   declare 

re   -aid  e   that   he   has   reason    to   believe 

and    does    believe    that    within    one    month    next    before    the 


208  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

making  of  said  information  intoxicating  liquors  have  been, 
in  violation  of  law,  sold  or  otherwise  furnished  in  said  house, 
or  in  some  place  appurtenant  thereto,  by  the  person  accused 
in  said  information,  or  by  his  consent  or  permission. 

No  warrant  shall  issue  in  any  case,  unless  from  the  facts 
disclosed  by  such  information  the  said  judge  or  justice  shall 
find  that  there  is  probable  cause  to  believe  that  the  facts 
stated  in  said  information  are  true.  The  information  on  which 
said  warrant  is  issued  may  be  made  upon  information  and 
belief. 

1242x44.  Id.  Property  not  to  be  discharged.  When 
any  liquors,  vessels  or  other  property  shall  have  been  seized 
by  virtue  of  any  such  warrant,  the  same  shall  not  be  dis- 
charged or  returned  to  any  person  claiming  the  same  by 
reason  of  any  alleged  insufficiency  of  description  in  the  war- 
rant of  the  liquor  or  place,  nor  by  writ  of  claim  and  delivery 
or  other  process,  but  the  claimant  shall  only  have  the  right 
to  be  heard  on  the  merits  of  the  case. 

1242x45.  Returns,  in  the  event  of  a  seizure  under  said 
warrant,  the  officer  shall  forthwith  make  a  return  of  his  acts 
thereunder,  and  if  said  warrant  has  been  issued  by  a  justice  of 
the  peace,  and  by  said  return  it  appears  that  intoxicating 
liquor,  vessels,  implements,  or  other  things  used  for  the 
purpose  of  selling  or  otherwise  disposing  of  such  liquors,  con- 
trary to  law,  have  been  found  upon  the  premises  described  in 
said  warrant,  the  jurisdiction  of  the  justice  of  the  peace  shall 
thereupon  cease,  except  that  the  justice  issuing  such  warrant 
shall  forthwith  certify  the  record  and  all  files  to  the  district 
court  of  the  count}'  in  which  said  premises  are  situated,  and 
from  time  of  filing  such  record  and  files  with  the  clerk  of  said 
district  court  it  shall  have  jurisdiction  to  proceed  with  said 
cause  and  determine  the  merits  thereof  as  provided  by  law; 
and  the  clerk  of  said  court  shall  fix  a  time  for  hearing  said 
matter,  of  which  notice  shall  be  given  as  provided  herein. 

In  all  cases  upon  the  filing  of  the  warrant  and  return  of 


CHAP.  XLIV.     INTOXICATING  LIQUORS.  209 

the  officer  in  the  district  court  the  clerk  thereof  shall  fix  a 
time  for  hearing  said  matter  and  shall  cause  to  be  left  at  the 
place  where  said  liquor  was  seized,  and  if  said  place  be  a  dwell- 
ing house,  store  or  shop,  posted  in  some  conspicuous  place 
on  >>t  about  said  building  and  also  to  be  left  with  or  at  the  last 
known  and  usual  place  of  residence  of  the  person  named  or 
described  in  said  information  as  the  owner  or  keeper  of  said 
liquor,  if  he  be  a  resident  of  this  State,  a  notice  summoning 
such  person  and  all  others  whom  it  may  concern  to  appear 
before  said  court  at  a  place  and  time  named  in  said  notice, 
which  time  shall  not  be  less  than  five  nor  more  than  fifteen 
days  after  the  posting  and  leaving  of  said  notices,  and  show 
cause,  if  any  they  have,  why  said  liquor,  together  with  the 
>els  in  which  the  same  is  contained,  and  other  property, 
should  not  be  forfeited:  and  said  notice  shall  with  reasonable 
certainty  describe  said  liquor,  vessels,  and  other  property,  and 
shall  state  where,  when  and  why  the  same  were  seized. 

At  the  same  time  and  place  fixed  in  said  notice,  the  p< 
named  in  said  information,  or  any  person  claiming  any  inter- 
in  said  liquor,  vessels  and  other  property,  or  any  part 
thereof,  may  appear  and  show  cause  why  the  same  should  not 
be  forfeited.  If  any  person  shall  so  appear  he  shall  become 
a  party  defendant  in  said  cause,  and  said  court  shall  make  a 
record  thereof.  Whether  any  person  shall  so  appear  or  not, 
said  court  shall,  at  the  time  fixed,  proceed  to  the  trial  of  said 
and  the  county  attorney  shall  appear  before  said  court 
and  prosecute  said  information,  and  show  cause  why  said 
liquor,  vessels  or  other  property  should  be  adjudged  forfeited. 
The  proceedings  in  the  trial  of  such  case  may  be  the  same 
antially  as  in  cases  of  criminal  prosecution  before  such 
courts,  and  if  any  person  shall  appear  and  be  made  a  party 
defendant,  as  herein  provided,  and  shall  make  a  written  plea 
that  said  liquor,  vessels  or  other  property,  or  any  part  thereof, 
claimed  by  him  was  not  owned  or  kept  with  intent  to  be  sold 
or  used  in  violation  of  the  law.  such  party  defendant  may 
demand  a  jury  to  try  the  issue,  and  if,  upon  the  evidence  pre- 


210  CHAP.  XLIV.     INTOXICATING  LIQUORS. 

sented,  the  said  court  or  jury,  as  the  case  may  be,  shall  by 
verdict  find  that  said  liquor,  vessels  or  other  property  was 
when  seized,  owned  or  kept  by  any  person,  whether  said  party 
defendant  or  not,  for  the  purpose  of  being  sold  or  used  in 
violation  of  law,  the  said  court  shall  render  judgment  that  said 
liquor,  vessels  or  other  property,  or  any  part  thereof,  be  for- 
feited. If  no  person  be  made  defendant  in  manner  aforesaid, 
or  if  judgment  be  in  favor  of  all  the  defendants  who  appear 
and  are  made  such,  then  the  costs  of  the  prosecution  shall 
be  paid  as  in  ordinary  criminal  prosecutions  where  the  prose- 
cution fails.  If  judgment  shall  be  against  only  one  party 
defendant  appearing  as  aforesaid  he  shall  be  adjudged  to  pay 
all  the  costs  of  proceedings  in  the  seizure  and  detention  of 
the  liquor  claimed  by  him  and  trial  up  to  the  time  of  judgment. 
But  if  said  judgment  shall  be  against  more  than  one  defendant 
claiming  distinct  interest  in  said  liquor,  then  the  costs  of  said 
proceeding  and  trial  shall  be  according  to  the  discretion  of 
said  court,  equitably  apportioned  among  the  said  defendants 
for  the  amount  of  costs  so  adjudged  against  them.  Any  person 
appearing  and  becoming  party  defendant  as  aforesaid  may 
appeal  from  said  judgment  of  forfeiture,  as  to  the  whole  or  any 
part  of  said  liquor,  vessels  or  other  property  claimed  by  him 
and  so  adjudged  forfeited. 

1242x46.  Destruction  of  seized  property.  Whenever  it 
shall  be  finally  decided  that  the  liquor,  vessels  or  other  prop- 
erty seized  as  aforesaid  is  forfeited,  the  court  rendering  final 
judgment  of  forfeiture  shall  issue  to  the  officer,  a  written 
order,  directing  him  forthwith  to  destroy  said  liquor,  vessels 
or  other  property  and  immediately  thereafter  to  make  return 
i if  said  order  to  the  court  whence  issued,  with  his  doings 
indorsed  thereon.  Whenever  it  shall  be  finally  decided  that 
any  liquor  so  seized,  vessels,  or  other  property  is  not  liable 
to  forfeiture,  the  court  by  whom  such  final  decision  shall  be 
rendered  shall  issue  a  written  order  to  the  officer  having  the 
same  in  custody,  or  to  some  other  peace  officer,  to  restore 
said   liquor,  vessels  or  other  property,  to  the  place  where  it 


CHAP.  XLIV.     IN H  »\k. \riNG  LIQUORS.  211 

was  seized,  as  nearly  as  maj  be,  or  to  the  person  entitled 
to  receive  it,  which  order  the  officer  shall  obey,  and  make 
return  thereon  to  the  court  of  his  acts  thereunder,  and  the 
-  of  the  proceeding  in  such  case  attending  the  restitution, 
a^  also  the  costs  attending  the  destruction  oi  such  liquor, 
vessels  >>r  other  property  in  case  of  forfeiture,  shall  he  taxed 
and  paid  in  the  same  manner  as  is  provided  in  case  of  ordi- 
nary criminal  prosecution  where  the  prosecution  fails. 

1242x47.  Arrest  without  a  warrant.  When  a  violation 
of  any  provision  of  this  act  shall  occur  m  the  presence  oi 
any  sheriff,  constable,  marshal,  police  officer  or  other  officer 
having  power  to  serve  criminal  process,  it  shall  be  tin-  duty 
of  Such  officer,  without  warrant,  to  arrest  the  offender  and 
seize  the  intoxicating  liquor,  vessels  and  other  property  so 
unlawfully  used,  and  to  take  such  offender  or  offenders  im- 
liately  before  the  court  or  judge  having  jurisdiction  in  the 
premises,  and  there  make  complaint  under  oath,  charging 
the  offense  SO  committed,  and  he  shall  make  return,  setting 
forth  a  particular  description  of  the  intoxicating  liquor,  ves- 
sels and  other  property  seized  and  of  the  place  where  the 
same  was  so  sci/ed.  whereupon  the  couri  or  judge  shall  issue 
a  warrant  commanding  and  directing  the  officer  to  hold  the 
property  so  seized  in  his  possession  until  discharged  by  due 
process  "i  law,  and  such  property  shall  be  held  in  like  man- 
ner as  if  the  seizure  had  been  made  under  a  warrant   therefor. 

1242x48.      Construction.      In    this    act.    unless    the    text    or 
subject   matter  otherwise  requires 

ties"    includes    cities    of    the    first,    second    and    third 
class 

"Town"    means    incorporated    town. 

unty    I 'nit"    means    all    that    part    of    any    county 
side    of    cities    and     towns,    and     such    county     unit     shall    be 
designated    by    the    name    of    the    county    in     which    it     is 
contained. 

1242x49.    Local  option  unit,     bach  city,  town  and  county 
unit    as   defined    in    the   preceding    section    ,,f   this    act.    shall 


212  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

constitute  a  separate  and  independent  local  option  unit 
for  the  determination  for  itself  whether  the  sale  of  intoxi- 
cating liquors  shall  be  permitted  or  prohibited  within  such 
city,  town   or  county  unit. 

1242x50.  Elections.  Whenever  a  petition  therefor, 
signed  by  not  less  than  twenty-five  per  cent  of  the  regis- 
tered voters  of  any  city,  town  or  county  unit  shall  be  filed 
with  any  city  council,  board  of  trustees  or  the  board  of 
county  commissioners,  as  the  case  may  be,  such  city  council, 
board  of  trustees,  or  board  of  county  commissioners,  as 
the  case  may  be,  shall  order  an  election  to  be  held  at  the 
time  provided  in  this  act  to  determine  whether  the  sale 
of  intoxicating  liquors  shall  be  allowed  or  prohibited  in 
such  city,  town  or  county  unit,  except  as  provided  in  Section 
51   of  this  act. 

1242x51.  Id.  The  first  election  hereunder  in  cities  and 
towns,  shall  be  mandatory  and  no  petition  shall  be  required 
therefor,  and  such  election  shall  be  held  on  the  27th  day 
of  June,  1911.  Elections  in  county  units  shall  be  held  only 
on  petition  as  provided  in  the  next  preceding  section  of 
this  act.  Elections  hereafter  shall  be  held  only  on  the  last 
Tuesday  in  June  of  any  year;  provided,  that  after  the  hold- 
ing of  an  election  to  determine  the  question  whether  intoxi- 
cating liquors  shall  be  permitted  or  prohibited  within  any 
city,  town  or  county  unit,  no  election  shall  be  held  in  any 
such  city,  town  or  county  unit,  upon  such  question  before 
the  last  Tuesday  in  June  in  the  second  calendar  year 
thereafter,  and  then  only  upon  petition  as  provided  in 
Section  50  of  this  act. 

1242x52.  Id.  Petition  to  be  filed.  The  petition  for  the 
local  option  election  herein  provided  for  shall  be  filed  with 
the  city  recorder,  town  clerk  or  county  clerk,  as  the  case 
may  be.  not  less  than  sixty  days  nor  more  than  one  hundred 
twenty    days    before    the    day    of    election;    except     as     to 


CHAP    XI. IV.     INTOXICATING  LIQUORS.  213 

elections  petitioned  t"  be  held  in  county  units  on  June  IT. 
1911,  and  as  to  such  election  shall  be  filed  not  less  than 
thirty  days  before  the  day  of  such  election.  The  elections 
provided  for  l>y  this  act  shall  be  held  at  voting  place  or 
places   within   thi  towns   or  county   units   petitioning 

therefor,  and  if  such  election  be  held  in  any  city  or  town 
the  judges  and  clerks  of  election  shall  lie  appointed  and 
qualified  under  the  laws  relating  to  elections  in  cities  and 
town-,  and  if  such  election  l>c  held  in  any  county  unit  the 
es  and  clerk-  of  election  shall  be  appointed  and  quali- 
fied under  the  laws  of  the  state  relating  to  general  elections. 

1242x53.  Qualified  voters.  Any  person  shall  be  quali- 
fied to  vote  at  any  election  held  in  any  city  or  town  here 
under  who  was  qualified  to  vote  at  the  last  city  or  town 
election  in  the  voting  district  in  which  he  offers  to  vote, 
and  any  person  -hall  be  qualified  to  vote  at  any  election 
held  in  any  county  unit  hereunder  who  was  qualified  to 
vote  at  the  last  general  election  in  the  voting  district  in 
which  he  offer-  to  vote;  such  qualification  shall  be  shown 
by  the  official  register  used  at  such  last  city,  town  or 
general  election i  and  in  addition  thereto  all  qualified  elec- 
who  may  register  as  herein  provided,  or  wdio  shall  be 
transferred  as  provided  by  law.  shall  be  entitled  to  vote 
iny  election  under  this  act. 

1242x54.  Id.  Duties  of  county  clerk.  Trior  to  the 
time  for  registering  voters,  al  any  election  held  under  the 
provisions  of  this  act,  the  county  clerk  of  each  county  of 
the  state  shall  prepare  an  official  register  of  the  voter-  in 
each  election  district  affected  l>y  such  election,  if  such 
election  he  for  any  city  or  town.  1>\  making  a  list  in  alpha- 
rder  of  the  official  register  used  at  the  last  city  or 
town  election,  as  the  case  may  be,  and  if  such  election  be  in 
any  county  unit,  by  making  a  list  in  alphabetical  order  of 
the  official  register  used  at  the  last  general  election,  which 
ster   shall   be   delivered   to  the   registry   agent   of 


214  CHAP.  XLIV.     INTOXICATING  LIQUORS. 

the  election  district,  at  least  fifteen  days  prior  to  the  first 
day  of  registration,  and  shall  be  revised  by  adding  the 
names  of  all  persons  registered  on  the  proper  days  prior 
to  the  election;  provided,  that  the  cost  of  making  such 
lists  as  relate  to  cities  or  towns  shall  be  paid  by  the  city  or 
town  holding  such  election.  In  case  of  election  in  any 
county  unit,  if  any  voting  district  now  established  shall 
include  territory  both  within  said  county  unit  and  also 
within  any  city  or  town,  the  county  commissioners  shall 
organize  a  new  voting  district  consisting  of  territory  wholly 
without  said  city  or  town  and  wholly  within  said  county 
unit,  and  registration  officers  and  judges  and  clerks  of 
election  shall  be  appointed  under  the  general  election  laws 
relating  to  election  districts. 

1242x55.  Id.  Duty  of  registry  agents.  It  shall  be  the 
duty  of  the  registry  agents,  appointed  as  approved  by 
law,  at  any  time  when  called  upon  to  do  so,  at  their  respec- 
tive offices  and  not  elsewhere,  between  the  hours  of  eight 
o'clock  a.  m.  and  nine  o'clock  p.  m.  of  the  first  Tuesday 
in  June  and  the  last  Friday  in  June  immediately  prior  to 
the  election,  to  receive  and  register  the  names  of  all  quali- 
fied electors  applying  for  registration. 

1242x56.  Id.  Offenses.  The  provisions  of  Chapter  10, 
Title  21,  Compiled  Laws  of  Utah,  1907,  defining  election 
offenses  wherever  applicable  shall  apply  to  and  are  hereby 
made  applicable  to  all  elections  held  under  the  provisions 
of  this  act. 

1242x57.  Form  of  petition.  The  form  of  petition  shall 
be   substantially   as  follows: 

PETITION    FOR    LOCAL    LIQUOR    ELECTION. 

We,  the  undersigned  legal  voters  of  (here  insert,  as 
the   case   may    be,   name   of   city,   town    or   county    unit),    le- 


CHAP    XLIV.     INTOXICATING  LIQUORS.  21S 

tfullj  petition,  that  on  the  last    [\1esda3  of  [une,  19 

an  election  be  held  to  determine  whether  the  sale  of  intoxi 
eating  liquors  shall  be  allowed  or  prohibited  in   (state  n 
of  city,   town   or  county   unit),   and   each    For   himself   says: 
I    have    personally    signed    this   petition    and    my    residence, 
postoffice    and    voting    district    are    correctly    written    after 
my   name. 

Name  Residence  Postoffice  Voting    District 

■  r<  et   and   number,   it"  any.) 
i  Here  follows  tuent\    lines  for  signature.) 
Such   separate  sheets   shall   be   fastened   together  in   one 

petitii  'ii  and  filed  as  a  \\  hole. 

The   city   recorder,   town   clerk   or  county   clerk,   as   the 
case   m;ii    be,   shall,   upon   receipt   of   such   petition    immedi 
ately    file    the    same    and    shall,    if   such    petition    be    for   an 
election    in    any    city    or   town,    thereupon    compare    the    signa- 
tures   of    the    electors    signing    the    same    with    the    names 
on    the    registration    books    and    blanks   on    file    in    his   office 
for    the    last    city    or    town    election,    and    shall,    if    such    p 
tion    he   for  an   election   in   any   county   unit,   thereupon   com 
the   signatures   of   the   electors   signing   the   same    with 
the    names    on    the    registration    hooks    and    blanks    on    file 
in   his  office   for   the   lasl    general   election.      If   the   requisite 
number  <>i  qualified   electors  shall   have   signed   the   petition 
ami    if    the    same    I-    m    substantial    conformity    with    the    pro 
visions   of   this  act,   he   shall    thereupon    see    that    it    i^   entered 
in    full    in    the    records   of   the    city    council,    hoard    of    trust 
or  hoard  of  county   commissioners,  omitting  the   signatures, 
hut  the  number  of  signers. 

1242x58.  Notice  of  election.  Form.  At  least  twenty 
day-,  previous  to  any  election  hereunder,  the  city  recorder, 
town  clerk  or  county  clerk,  as  the  case  may  he,  shall 
deliver  to  the  chief  of  police,  marshal,  or  other  chief  pi 
officer  of  said  city  or  town,  or  sheriff  of  any  county,  at 
■    three    notices    of    the    election    for    each    voting    district 


216  CHAP.  XLIV.    INTOXICATING  LIQUORS. 

in  said  city,  town  or  county  unit.  Said  notice  shall  he 
substantially  in   the  following  form: 

LIQUOR  ELECTION    NOTICE. 

Notice  is  hereby  given  that  on  Tuesday  the    

day  of  June.  19.  .  .  .  an  election  will  be  held  to  determine 
whether  the  sale  of  intoxicating  liquors  shall  be  allowed  or 
prohibited  in  (here  insert  the  name  of  the  citv,  town  or 
county  unit)  which  said  election  will  be  held  at  7  o'clock 
in  the  morning  and  shall  continue  until  7  o'clock  in  the 
afternoon   of  said  day. 

Dated  this day  of ,  19.  . . . 

(City  Recorder,  Town  Clerk  or 
County  Clerk  of  the  City,  Town 

or  County  of ,  Utah.) 

It  shall  be  the  duty  of  the  chief  of  police,  marshal  or 
other  chief  peace  officer  of  such  city  or  town  or  sheriff  of 
any  county,  at  least  twelve  days  before  any  election  here- 
under to  cause  said  notices  to  be  posted  in  public  places  in 
the  vicinity  of  the  polling  place  or  places. 

Thereupon  the  city  recorder,  town  clerk,  or  county  clerk, 
as  the  case  may  be,  and  the  chief  of  police,  marshal  or  other 
chief  peace  officer  or  sheriff  of  any  county  shall  each  file 
with  the  city  council,  board  of  trustees  or  board  of  county 
commissioners,  a  brief  statement,  under  oath,  of  their  com- 
pliance with  the  provisions  of  this  section;  such  statement 
shall  be  entered  in  the  records  of  the  city  council,  board  of 
trustees  or  board  of  county  commissioners,  and  such  records 
shall  be  prima  facie  evidence  that  all  the  provisions  of  this 
section  have  been  fully  complied  with. 

1242x59.  Ballots.  For  such  election  it  shall  be  the  duty 
of  the  city  recorder,  town  clerk  or  county  clerk,  as  the  case 
may  be,  to  arrange  ballots  and  have  them  printer!  in  sub- 
stantiallv  the  following:  form  : 


CHAP.  XLIV.     INTOXlUATlNi;   LIQUORS  -'1/" 

BALLOT   FOR    LIQUOR   ELECTION. 

Vote   for  "i-  against   the  sale  of  intoxicating  liquors 
beverage  purposes  for  the  city,  town  or  county  unit  of 


Mark   \   in  the  square  to  the  right. 
For  Sale, 

Again-t  SaK'. 


There  shall   be  a  space  of  approximately   one   inch   I"' 
tween  the  squares  in  which  the  voters  are  to  mark. 

It  shall  be  the  duty  of  the  city  recorder,  town  clerk  or 
county  clerk,  as  the  case  may  be,  to  furnish  each  voting  dis- 
trict, official  ami  sample  ballots  equal  in  number  to  that 
required  at  city,  town  or  general  elections,  by  the  election 
laws  of  the  state,  and  at  the  times  and  in  the  manner  therein 
required.  Those  favoring  sale  of  intoxicating  liquors  shall 
mark  1X1  in  the  square  at  the  right  of  the  words  "For  SaK" 
and  those  opposed  shall  mark  (X  i  in  the  square  at  the  right 
of  the  words  "Against  Sale."  At  any  election  held  under  this 
law,  judges  of  election  shall,  if  requested,  permit  one  person, 

gnated  by  the  petitioners  and  also  one  other  person  t" 
be  designated  in  the  same  way  by  five  persons  known  to  be 
opposed  to  the  petitionei  nd  outside  of  the  guard  rail 

at  the  polls  during  tin.   progress  of  the  ballot  as  challengers, 
and  also  during  the  counting  of  the  votes. 

1242x60.     Election  law  of  state  to  apply  when  not  other- 
wise provided.     In  all  elections  hereunder,  in  all  matters  and 
proceedings  n>>t   herein  specified,  the  provisions  "i"  the 
tii >n  laws  of  the  state,  relating  tions  in  cities,  towns  and 

ral  elections,  including  provisions  relating  to  expenses 
of  eli  -hall  apply  so  far  as  the  same  are  applicable. 

1242x61.     Returns.     In    case    of  ns    in    cities    and 

towns,  returns  shall  be  made  am  ed  as  nearly 


218  CHAP.  XLIV.     INTOXICATING  LIQUORS. 

as  possible  as  provided  for  votes  cast  at  city  and  town  elec- 
tions ;  and  in  case  of  elections  in  county  units,  returns  shall 
be  made  and  votes  canvassed  as  nearly  as  possible  as  pro- 
vided for  votes  cast  in  general  elections ;  an9  said  city  coun- 
cil, board  of  trustees,  or  county  commissioners,  as  the  case 
may  be,  shall  immediately  after  the  canvas,  make  an  order 
declaring  the  result  of  said  vote,  and,  if  a  majority  of  the 
votes  cast  in  such  city,  town  or  county  unit,  as  the  case  may 
be,  are  "Against  Sale,"  the  sale  of  intoxicating  liquors  within 
such  city,  town  or  county  unit  shall  after  the  date  fixed  in 
the  proclamation  hereinafter  provided  for,  be  unlawful  ex- 
cept the  sale  by  druggists  or  pharmacists,  as  provided  in  this 
act ;  and.  if  a  majority  of  the  votes  cast  in  such  city,  town  or 
county  unit,  as  the  case  may  be,  are  "For  Sale,"  sale  of  in- 
toxicating liquors  within  such  city,  town  or  county  unit,  as 
the  case  may  be,  shall,  after  the  date  of  the  proclamation 
hereinafter  provided  for,  be  permitted  as  in  this  act  provided. 
The  order  thus  made  shall  be  held  to  be  prima  facie  evidence 
that  all  the  provisions  of  law  have  been  complied  with  in 
giving  notice  of  and  holding  such  election  and  in  counting 
and  returning  the  votes  and  declaring  the  results  thereof. 

1242x62.  Canvass  of  votes.  Declaration  of  results. 
The  mayor  of  any  city,  president  of  the  board  of  trustees 
of  any  town  or  the  chairman  of  the  board  of  county  com- 
missioners of  any  county  unit  voting  upon  the  question  shall, 
within  five  days  after  the  votes  have  been  canvassed  and 
the  result  declared,  issue  his  proclamation  declaring  the  re- 
sult of  such  election,  and,  if  the  result  be  "Against  Sale." 
declaring  that  the  sale  of  intoxicating  liquors  within  such 
city,  town  or  county  unit  shall  be  unlawful  after  the  first 
dav  of  October  immediately  following  such  election;  and,  if 
such  result  be  "For  Sale,"  declaring  that  the  sale  of  intoxi- 
cating liquors  shall  be  permitted  after  the  date  of  such  procla- 
mation, as  in  this  act  provided.  Such  proclamation  shall  be 
published  for  Eive  days  in  some  newspaper  published  in  the 
city,  town  or  at  the  county  seal  of  the  county  in  which  such 


CHAP    XLIV.     [NTOXK    \  1  1  XT,  LIQUORS.  219 

count}  unit  is  contained,  as  tin'  case  may  be,  or  in  lieu 
thereof,  be  posted  in  five  conspicuous  places  for  ten  days  in 
said  city,  town  or  in  one  conspicuous  public  place  in  each 
voting  district  of  said  county  unit,  as  the  case  may  be.  In 
everj  city,  town  or  county  unit  thai  shall  return  a  majorit) 
vote  "Against  Sale."  the  prohibitive  law  shall  take  effect  on 
the  first  day  of  October  immediately  following;  provided, 
that  no  license  for  the  sale  of  intoxicating  liquors  in  any  city, 
town  or  count)  unit  shall  be  granted  for  the  whole  or  an) 
part  of  the  period  between  the  election  herein  provided  for 
and  the  first  day  of  (  (ctober  immediately  following,  except 
person  who  held  a  license  on  the  day  of  such  election, 
and  as  to  such  persons,  he  shall  be  entitled  to  a  license  sub 
ject  to  the  terms  of  this  act. 

1242x63.  Date  effective  where  majority  vote  is  "Against 
Sale."  All  uli"  are  engaged  in  selling  intoxicating  liquors 
within  any  city,  town  .  >r  county  unit  that  shall  return  a  ma- 
jority vote  "Against  Sale."  shall  after  the  thirtieth  da)  of 
September  immediately  following  such  election,  cease  selling 
or  giving  awa)  any  intoxicating  liquors  within  such  city, 
town  , »r  comity  unit,  and  an)  person  who  shall  thereafter, 
within  such  city,  town  or  county  unit.  sell,  exchange,  barl 

.     r  otherwise  furnish  in  violation  of  the  provisions 
of  tli  any    intoxicating  licptors   whatsoever,  or   in   any 

way  violate  any  of  the  provisions  of  this  act.  shall  be  sub- 
prosecution  under  the  laws  of  the  State  of  Utah,  and 
shall   be   punished,   unless  otherwise   stated,   as   provided   in 
Section  65  •  if  this 

1242x64.  License  fee  for  unexpired  term  to  be  refunded. 
In  all  cases  where  any  person,  firm  or  association  of  persons 
pursuing  the  occupation  of  liquor  under  license  issued 

in  accordance  with  the  laws  of  this  by  any  munici- 

pality in   thi  shall   be  prevented   from   pursuing  such 

occupation    for   the   full    time   for   which   he    would   other 
be  entitled  by  reason  of  any  election   provided   for  in   this  act 


220  CHAP.  XLIV.     INTOXICATING  LIQUORS. 

resulting  "Against  Sale,"  the  proportionate  amount  of  such 
license  fee  paid  for  the  unexpired  term,  shall  be  refunded  by 
the  city,  town  or  county,  as  the  case  may  be. 

1242x65.  Violations.  Subsequent  offenses.  Penalty.  Any 
person  who  shall  in  any  way  violate  anv  of  the  provisions  of 
the  law  of  this  State  relating  to  the  manufacture  and  sale  of 
intoxicating  liquors,  as  contained  in  Chapter  106,  Laws  of 
Utah.  1911,  and  all  acts  amendatory  thereof,  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  of  not 
less  than  fifty  dollars  or  more  than  two  hundred  ninety-nine 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than 
thirty  days  or  more  than  six  months,  or  both  such  fine 
and  imprisonment.  If  any  person  shall  be  convicted  a  second 
time  for  violating  any  of  the  provisions  of  the  law  of  this 
State  relating  to  the  manufacture  and  sale  of  intoxicating 
liquors,  as  set  forth  in  Chapter  106.  Laws  of  Utah,  1911.  and 
all  acts  amendatory  thereof,  such  person  shall  be  punished  for 
such  second  and  each  subsequent  violation  by  both  such  fine 
and  imprisonment. 

1242x66.  Licenses  now  in  effect  to  be  annulled,  when. 
Refund.  All  licenses  granted  under  anv  law  of  this  state 
or  under  any  city,  town  or  county  ordinance  shall  cease 
and  be  null  and  void  on  the  first  day  of  October,  1911, 
unless  such  license  is  sooner  terminated  by  it-  own  terms, 
or  otherwise.  All  moneys  paid  upon  any  license  which  by 
its  terms  extends  beyond  the  first  day  of  October,  1911, 
shall,  as  to  the  period  after  such  date,  be  refunded  by  any 
city,  town  or  county  to  which  such  license  was  paid. 

All  licenses  granted  on  or  after  October  1.  1911,  shall 
be    granted   at   the    minimum    annual    rates    provided    in    this 

unless  such  rates  shall  be  increased  as  herein  provided, 
and  the  amount  collected  from  any  licensee  shall  be  such 
proportion  of  the  whole  annual  license  as  the  time  for  which 
the  license  is  granted  bears  to  the   whole  year. 

1242x67.  Provisions  of  this  act  not  applicable,  when. 
The  provisions  of  this  act    shall  not  be  construed   t«>   apply 


CHAP    XI. IV.     INTOXICATING  LIQUORS. 

to  any  gift  by  any  person  in  case  of  any  injury  to  any  one 
•  ■r  in  case  of  emergency  for  medicinal  purposes,  nor  to  the 
use  of  Midi  liquors  in  the  homes  of  individuals  for  family  or 
private  use. 

1242x68.  Restrictions  and  regulations.  Nothing  in  this 
act  contained  shall  prevent  or  prohibit  any  city  council,  board 
of  commissioners,  board  of  trustees,  or  board  of  count}  c< 
missioners,  from  enacting  restrictions  upon  and  regulation 
the  traffic  in  intoxicating  liquors  in  "wet  territory,"  and  in 
addition  to,  but  not  in  conflict  with,  the  provisions  of  ths  act  : 
nor  shall  this  act  or  any  provision  thereof  be  SO  construed  as 

abridge    or    limit    the    charter    powers    of    municipal 

porati  'h  reference  to  the  suppression  or  prohibition  oi 

the   said   liquor   traffic   in   "dry   territory"   within   this   State, 

except  thai   no  municipal  corporation  shall  prohibit  or  hinder 

what  is  permitted  under  the  provision-  of  Chapter  106  of  the 

Laws  of  Utah,  1911,  or  amendment  thereof,  applicable  to  such 

ration.  i,   that   a  conviction  or  an   acquittal   in   a 

prosecution   for  a   violation  of  any  of  the  provisions  of  said 

Chapter    106,   or   any   amendment    thereof,   or   for   a   violation 

any    municipal    ordinance    adopted    as    permitted    in    this 

tion   hereof,  shall   be  a  bar  to  any   prosecution   either   by 

the  Slate  or  by  such  municipality  against  the  same  person  for 

the   same  act   or  acts  as  those   for   which   such   conviction   or 

acquittal  shall  be  obtained. 

Prosecutions  not  abated.     Nothing  in  this  act   conta 
shall  be  construed  to  ah.  prevent  conviction  under  any 

■  cut ion    heretofore   begun    and    pending   in    any    courl 
this  State      This  act  shall  take  effect  upon  approval. 

larch  20th.  1913. 


IB 


222  CHAP.  XLV.     WATER. 


CHAPTER    XLV. 

GENERAL  PROVISIONS  CONCERNING  WATER. 

1288x18.  Waters  public  property.  The  water  of  all 
streams  and  other  sources  in  this  state,  whether  flowing 
above  or  under  the  ground,  in  known  or  defined  channels, 
is  hereby  declared  to  be  the  property  of  the  public,  subject 
to  all  existing  rights  to  the  use  thereof. 

1288x19.  Standard  of  measurement.  The  standard  unit 
of  measurement  of  the  flow  of  water  shall  be  the  discharge 
of  one  cubic  foot  per  second  of  time,  which  shall  be  known 
'as  a  second  foot:  and  the  standard  unit  of  measurement 
of  the  volume  of  water  shall  be  the  acre  foot,  being  the 
amount  of  water  upon  an  acre  covered  one  foot  deep, 
equivalent  to  43,560  cubic  feet. 

1288x20.  Beneficial  use.  Beneficial  use  shall  be  the 
basis,  the  measure,  and  the  limit  of  all  rights  to  the  use  of 
water  in  this  state. 


CHAP.  XL\  1.     LlullT-HOUK  LAW.  22i 

CHAPTER  XLVI. 
EIGHT-HOUR   LAW. 

1336.  On  public  works.  Eight  hours  shall  constitute 
ty's  work  in  all  penal  institutions  in  this  state,  whether 
e,  county,  or  municipal,  and  on  all  works  and  under- 
takings carried  on  or  aided  by  the  state,  county,  or  munici- 
pal governments.  \ny  officer  of  the  state  or  of  any  county 
•  >r  municipal  government,  or  any  person,  corporation,  firm. 
contractor,  agent,  manager,  or  foreman,  who  shall  require 
or  contract  with  any  person  to  work  in  any  penal  institu- 
tion or  upon  such  works  or  undertakings  longer  than  eight 
hours  in  one  calendar  day,  except  in  cases  of  emergency, 
where  life  or  property  is  in  imminent  danger,  shall  be 
guilty  of  a  misdemeanor. 

1337.  In    mines   and    smelters.     The    period    of   employ- 
'  of  working  men  in  all  underground  mines  or  workings. 

and  in  smelter-;  and  all  other  institutions  for  the  reduction 
or  refining  of  ores  or  metals,  shall  be  eight  hours  per  day, 
except  in  cases  of  emergency,  where  life  or  property  is  in 
imminent  danger.  \ny  person,  body  corporate,  agent,  man- 
employer  who  shall  violate  any  of  the  provision- 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor. 


224         CHAP.    XLVII.      EMPLOYMENT    OF    FEMALES. 

CHAPTER  XLVII. 

EMPLOYMENT  OF  FEMALES  AND  CHILDREN. 

1338.  In  mines  and  smelters  forbidden.  It  shall  be 
unlawful  for  any  person,  firm,  or  corporation  to  employ 
any  child  under  fourteen  years  of  age,  or  any  female,  to 
work  in  any  mine  or  smelter  in  the  state  of  Utah.  Any 
person,  firm,  or  corporation  who  shall  violate  any  of  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor. 

1339.  Proprietor  to  provide  seats  for  female  help.  The 
proprietor,  manager,  or  person  having  charge  of  any  store, 
shop,  hotel,  restaurant,  or  other  place  where  women  or 
girls  are  employed  as  clerks  or  help  therein,  shall  provide 
chairs,  stools,  or  other  contrivances  where  such  clerks  or 
help  may  rest  when  not  employed  in  the  discharge  of  their 
respective  duties.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor. 

1339-1.  Certain  employment  prohibited.  No  child 
under  the  age  of  fourteen  years  shall  be  employed,  per- 
mitted or  suffered  to  work  in  any  capacity  in.  about  or  in 
connection  with  the  preparing  of  any  composition  in  which 
dangerous  or  poisonous  acids  are  used — manufacture  of 
paints,  colors  or  white  lead;  manufacturing,  packing  or 
storing  powder,  dnyamite,  nitroglycerine  compounds,  fuses 
or  other  explosives;  manufacture  of  goods  for  immoral  pur- 
poses ;  nor  in  any  quarry,  any  mine,  coal  breaker,  laundry, 
tobacco  warehouse,  cigar  factory,  or  other  factory  where 
tobacco  is  manufactured  or  prepared;  distillery,  brewery 
or  any  other  establishment  where  malt  or  alcohol  liquors 
air  manufactured,  packed,  wrapped  or  bottled;  theatre,  con- 
cert hall,  nor  saloon,  nor  in  operating  any  automobile,  motor 


\P.   XLVII.      EMPLOYMENT    OF    FEMALES.         225 

car.  or  truck;  in  the  running  or  management  of  elevators, 
lifts  or  hoisting  machines;  m  n  iwling  alleys,  nor  in  any 
other  employment  declared  by  the  state  board  of  health  to 
be  dangerous  to  lives  or  limbs,  or  injurious  to  the  health  or 
morals  >•[   children   under  the  age  of  fourteen. 

1339-2.  Employment  certificate.  An  employment  cer- 
tificate shall  he  issued  only  by  the  superintendent  of  schools 
or  by  a  prison  authorized  by  him  in  writing,  or,  wh< 
is  no  superintendent  of  schools,  by  a  person  authorized 
by  the  school  hoard;  provided,  that  no  member  of  a  school 
i  or  other  person  authorized  as  aforesaid  shall  have 
the  authority  to  issue  such  certificate  for  any  child  then  in 
ibout  to  enter  such  person's  own  employment  or  the  em- 
ployment of  a  firm  or  corporation  of  which  he  is  a  member, 
officer  or  employee;  provided,  that  no  such  certificate  shall 
l>e  issued  until  the  person  issuing  the  same  shall  have 
received,   examined   and  chool    record  of  such 

child. 

1339-3.  Id.  No  employment  certificate  shall  be  issued 
until  the  child  in  question  has  personally  appeared  before 
and  been  examined  by  the  officer  issuing  the  certificate,  nor 
until  such  officer,  after  making  such  examination,  has  signed 
and  filed  in  his  office  a  statement  that  the  child  can  read 
and   legibly  write  simple  sentences  in   the    English  language. 

1339-4.  School  board.  The  school  record  required  by 
this  act  shall  be  signed  by  the  principal  or  chief  executive 
officer  of  the  school  which  such  child  has  attended,  and 
shall  be  furnished  on   demand   to   a   child   entitled   thereto. 

It  shall  contain  a  statement  certifying  that  the  child 
has  attended  the  public  schools  or  parochial  schools  equiva- 
lent thereto  for  not  less  than  one  hundred  days  during 
the  year- previous  to  his  arriving  at  the  age  of  fourteen 
-  during  the  year  previous  to  applying  for  such 
■  1  record,  and  is  able  to  read  and  write  simple  sen- 
tences   in    thl  -'ige. 


226        CHAP.    XLVII.      EMPLOYMENT   OF   FEMALES. 

1339-5.  Duties  and  powers  of  inspectors  or  truant 
officers.  Any  authorized  inspector  or  the  truant  officer 
shall  make  demand  on  any  employer  in  or  about  whose 
place  or  establishment  a  child  apparently  under  the  age  of 
fourteen  years  is  employed  or  permitted  or  suffered  to 
work,  and  require  such  employer  to  furnish  him  within 
ten  days  satisfactory  evidence  that  such  child  is  in  fact 
over  fourteen  years  of  age,  or  shall  cease  to  employ  or 
permit  or  suffer  such  child  to  work  in  such  factory. 

1339-6.  Employment  of  females  prohibited  in  certain 
cases.  No  female  under  the  age  of  twenty-one  years  shall 
be  employed,  permitted  or  suffered  to  work  in,  about  or  in 
connection  with  any  restaurant,  resort  or  place  of  amuse- 
ment where  alcoholic  liquors  are  manufactured  or  dispensed. 

1339-7.  Messenger  service.  In  cities  of  the  first  or 
second  class  no  person  under  the  age  of  twenty-one  years 
shall  be  employed  or  permitted  to  work  as  a  messenger  for 
a  telegraph  or  messenger  company  in  the  distribution,  trans- 
mission or  delivery  of  goods  or  messages  before  5  o'clock 
in  the  morning  or  after  9  o'clock  in  the  evening  of  the  day. 
And  no  person  under  the  age  of  twenty-one  years  shall  be 
permitted  to  deliver  messages  or  goods  to,  or  required  to 
visit,  in  the  course  of  any  employment,  any  house  of  ill- 
repute,  or  saloon,  or  gambling  house,  or  other  places  of 
objectionable  character  which  have  been  disapproved  by  the 
juvenile   court. 

1339-8.  Limitation  of  hours.  Xo  boy  under  the  age  of 
fourteen  years  and  no  girl  under  the  age  of  sixteen  years 
shall  be  employed,  permitted  or  suffered  to  work  at  any 
gainful  occupation  other  than  domestic  service,  fruit  or 
vegetable  packing,  or  work  on  a  farm  more  than  fifty-four 
hours  in  any  week. 

1339-9.  Selling  newspapers,  etc.  Boot-blacks.  No  male 
child    under   twelve   and   no   girl    under   sixteen    years  of   age 


CHAP.    XI. VII.      EMPLOYMENT    OF    FEMALES.         227 

shall,  in  any  city  of  the  first  or  second  class,  sell  or  ex] 
or  offer  for  sale  newspapers,  magazines,  periodicals  or  other 
merchandise   in   any   str<  public   place.      No  child   shall 

work  as  a  boot-black  in  any  streel  or  public  plan-  unless  he 
is  ,.wr  twelve  years  of  age. 

1339-10.  Id.  Exceptions.  Permit.  No  male  child  un- 
der  siM'  s  of  age  shall  sell  or  expose  or  offer  for  sale 

in  any  street  or  public  place  any  of  the  articles  mentioned 
in  Section  9  or  work  as  a  boot-black  therein,  unless  a  permit 
as  hereinafter  provided  shall  have  been  issued  to  him  by 
the  superintendent  of  schools  or  by  a  person  authorized  by 
him  in  writing,  or,  where  there  is  no  superintendent  of 
.  by  a  person  authorized  by  the  school  board  on  the 
application  of  the  parent,  guardian  or  other  person  having 
the  custod)  of  the  child  desiring  such  permit,  or  in  ca 
child  has  no  parent,  guardian  or  custodian,  then  on  the  appli- 
cation of  his  next  friend,  being  an  adult.  Such  permit 
shall  not  be  issued  until  the  officer  issuing  the  same  shall 
have  received,  examined,  approved  and  placed  on  file  in 
his  offici  ry   proof   that    such   male  child   is  of   the 

of  twelvi  ir  upwards,  and  shall  also  have  received, 

lined  and  placid  on  file  the  written  statemenl  of  the 
principal  or  chief  executive  officer  of  the  school  which  the 
child  Stating  that   such  child   is   an   attendant  at 

thai  he  is  of  the  normal  development  of  a  child 
id  physically   fit   for  such  employment,  and   that 
principal  or  chief  executive  officer  approves  the  grant- 
h  child. 

1339-11.     Permit.     Such  permit  shall  state  the  name  and 
lardian,  custodian  or  next    friend. 

■  >f  the  hair  and 
and    wi  1    any    distinguishing    facial 

ild. 

1339-12.     Id.      No   child    to    whom   a   permit 


228  CHAP.    XLVII.      EMPLOYMENT    OF    FEMALES. 

black,  sell  or  expose  or  offer  for  sale  any  newspapers,  maga- 
zines, periodicals  or  other  merchandise  in  any  street  or  public 
place  after  9  o'clock  in  the  evening. 

1339-13.  Id.  In  case  any  employer  shall  fail  to  produce 
and  deliver  to  an  authorized  inspector  or  truant  officer, 
within  ten  days  after  demand  made  pursuant  to  Section  2  of 
this  Act,  the  evidence  of  age  therein  required,  and  shall 
thereafter  continue  to  employ  such  child  or  permit  or  suffer 
such  child  to  work  in  such  place  or  establishment,  proof 
of  the  giving  of  such  notice  and  of  such  failure  to  produce 
and  file  such  evidence  shall  be  prima  facie  evidence  of  the 
illegal  employment  of  such  child  in  any  prosecution  brought 
therefor. 

1339-14.  Penalty.  Whoever  employs  any  child,  and 
whoever  having  under  his  control  as  a  parent,  guardian  or 
otherwise,  any  child,  permits  or  suffers  such  child  to  be 
employed  or  to  work  in  violation  of  any  of  the  provisions 
of  this  Act,  shall  for  such  offense  be  fined  not  less  than 
Twenty-five  Dollars  nor  more  than  Two  Hundred  Dollars, 
or  be  imprisoned  for  not  less  than  ten  days  nor  more  than 
thirty  days,   or   both,   in   the  discretion   of  the   court. 

1339-15.  Juvenile  courts  given  jurisdiction.  That  the 
juvenile  court  or  courts  of  like  jurisdiction  of  the  state  of 
Utah  is  hereby  given  jurisdiction  in  all  cases  arising  under 
this  Act. 

Approved  March  21st,   1911. 


CHAT    XI.V11I.     PUBLIC    LIBRARIES.  229 

CHAPTER    XLVIII. 
PUB!  [C    1  [BR  VRIES 

1360.  Cities  of  the  first  and  of  the  second  class  may 
establish.  Annual  tax.  The  governing  body  of  each  city  of 
the  first  and  of  the  second  class  shall  have  power  to  i  stablish 
and  maintain  a  public  library  and  reading  room  For  the  use 
and  benefit  of  the  inhabitants  of  such  city;  and  for  thai 
purpose  cities  of  the  first  class  must  levy  a  tax  of  one-third 

ue   mill   "H   the   dollar,   and   may   levy   a   tax   of  not   to 

exceed  two-thirds  of  one  mill  on  the  dollar;  and  cities  of  the 

md  class  may  levy  a  tax  of  not  to  exceed  one  mill  on  the 

ir,  annually,  on  all  the  taxable  property  in  the  city;  such 

tax  to  be  levied  and  collected  in  the  same  manner  as  other 

general    taxes   of   said   city,   and   to  be  known   as   the   library 

fund;  provided,  that  n<>  such  tax  shall  be  levied  in  the  first  in- 

ni  e  in  any  city  of  the  first  class  until  a  petition,  signed  by 

at   bast    1.000  qualified  voters  and  property  taxpayers,  shall 

have  been  filed  with  the  governing  body  of  such  city;  nor  in 

any  city  of  the  second  class  until  such  petition,   signed   by 

at    leasl    250  qualified   voters  and   property   taxpayers,    i 

dents  of  such  city,  shall  have  been  so  filed. 

1361.  Directors.  Appointment.  When  the  city  council 
m  any  city  of  the  first  or  of  the  second  class  shall  have 
decided  to  establish  and  maintain  a  public  library  and  read 
mil,'  room,  under  the  provisions  heri  mayor  of  such 
city  shall,  with  the  approval  of  the  city  council,  proceed  to 
appoint   a  beard  of  nine  directors  for  thi  chosen 

the  citizens  at  large  with  reference  to  their  fitness  for  such 
office:  and  ii"t  more  than  one  member  of  the  city  council 
shall  be  at  any  one  time  a  member  "i   said  board. 

1362-     Id.     Terms.     Removal.     Said   directors  shall   hold 
s  follows      <  (ne-third  for  oni 


230  CHAP.    XLVIII.      PUBLIC    LIBRARIES. 

years,  and  one-third  for  three  years,  from  the  1st  day  of  July 
following  their  appointment,  and  at  their  first  regular  meet- 
ing shall  cast  lots  for  the  respective  terms;  and  annually 
thereafter  the  mayor  shall,  before  the  1st  day  of  July  of  each 
year,  appoint,  as  before,  three  directors  to  take  the  place  of 
the  retiring  directors,  who  shall  hold  office  for  three  years, 
and  until  their  successors  are  appointed.  The  mayor  may, 
.by  and  with  the  consent  of  the  city  council,  remove  any 
director  for  misconduct  or  neglect  of  duty. 

1363.  Id.  Vacancies.  Vacancies  in  the  board  of  direc- 
tors, occasioned  by  removals,  resignations,  or  otherwise,  shall 
be  reported  to  the  city  council,  and  be  filled  in  like  manner 
as  original  appointments,  and  no  director  shall  receive  any 
compensation. 

1364.  Id.  Powers.  Said  directors  shall,  immediately 
after  appointment,  meet  and  organize  by  the  election  of  one 
of  their  number  as  president,  and  the  election  of  such  other 
officers  as  they  may  deem  necessary.  They  shall  make 
an<l  adopt  such  by-laws,  rules,  and  regulations  for  their 
own  guidance,  and  for  the  government  of  the  library  and 
reading  room,  as  niav  be  expedient,  not  inconsistent  with 
law.  They  shall  have  the  exclusive  control  of  the  expendi- 
ture of  all  money  collected  for  the  benefit  of  the  library 
fund,  and  of  the  construction  of  any  library  building,  and  ol 
the  supervision,  care,  and  custody  of  the  grounds,  ro.nn-. 
and  buildings  constructed,  leased,  or  set  apart  for  that  pur- 
pose; provided,  that  all  moneys  received  for  such  library 
shall  be  deposited  in  the  treasury  of  said  city  to  the  credit 
of  the  library  fund,  and  shall  be  kept  separate  and  apart 
front  other  moneys  of  such  city,  and  drawn  upon  by  the 
proper  officers  of  such  city  upon  the  properly  authenticated 
vouchers  of  the  library  board.  Said  board  -hall  have  power 
to  purchase  or  lease  grounds,  to  lease  or  erect  an  appro- 
priate building  or  buildings  for  the  usi  of  said  library,  to 
appoint    a    suitable   librarian   and   necessary   assistants,   to   fix 


CHAP.   XLVIII.     PUBLIC   LIBRARIES.  231 

'lu-ir  compensation,  to  remove  such  appointees  at  will,  and,  in 
general,  to  carry  out  the  spirit  and  intent  of  the  provisions 
of  tin-  chapter,  in  establishing  and  maintaining  a  public 
library  and  reading  room. 

1365.  Use  of  library.  Every  library  and  reading  room, 
established  under  this  chapter,  shall  he  forever  free  to  the 
use  of  the  inhabitants  of  the  city  where  located,  subji 
however,  to  such  reasonsable  rule-  and  regulations  as  the 
library  board  may  adopt,  in  order  to  render  the  use  of  said 
library  and  reading  room  of  the  greatest  benefit  to  the 
greatest  number;  and  said  board  may  exclude  from  the  use 
of  said  library  and  reading  room  any  and  all  persons  who 
shall  wilfully  violate  such  rules.  Said  board  may  extend 
the  privileges  and  use  of  such  library  and  reading  room 
persons  residing  outside  of  such  city,  but  in  the  state,  upon 
such  terms  and  conditions  a-  -aid  board  may  from  time 
u>  time  by  its  aions  prescribe 

1366.  Directors'    report.     The    said    board    of    dire. 

shall  make,  on  or  before  the  second  Monday  in  June,  an 
annual  report  to  the  city  council,  stating  the  condition  of 
their  trust-   on   the   1st   day  of  June  of   that    year,   the    var: 

-  of  money  received  from  the  library  fund  and  from 
other   sources,    and    how    much    money    has    been    expended. 

and  for   what  purpose-;  the  number  of  1 Us  and  periodicals 

on  hand,  the  number  added  by  purchase,  gift,  or  Otherwise, 
during  the  year;  the  number  of  books  lost  or  missing;  the 
number   of   \  .'lending;    the    number    of    books   loaned 

and  the  general  character  and  kind  of  such  books; 
with    such    other    statistics,    information    and  tions    as 

they  may  dei  neral  inti  VII  such  porti  -aid 

rt  as  relate  to  the  receipt  and  expenditure  of  money,  as 
well   as  the  number  of  b. „  ,ks  on   hand,  books  sing, 

and  I  by  affidavit. 

1367.  Injuries  to  books.      The  nil   of   said 
shall  ha\ 


232  CHAP.   XLVIII.     PUBLIC   LIBRARIES. 

alties  for  the  punishment  of  persons  committing  injury  upon 
such  library,  or  the  grounds,  or  other  property  thereof,  and 
for  injury  to  or  failure  to  return  any  book  belonging  to 
such   library. 

1368.  Donations.  Any  person  desiring  to  make  dona- 
tions of  money,  personal  property,  or  real  estate,  for  the 
benefit  of  such  library,  shall  have  the  right  to  vest  the  title 
to  the  money  or  real  estate  so  donated  in  the  board  of 
directors  created  under  this  chapter,  to  be  held  and  con- 
trolled by  such  board,  when  accepted,  according  to  the 
terms  of  the  deed,  gift,  devise,  or  bequest  of  such  property; 
and  as  to  such  property,  said  board  shall  be  held  and  con- 
sidered to  be  special  trustees. 


CHAP    XLIV.      l.lAl'.ll  1TV    OF    CITY  233 

CHAPTER   XLIX. 
I.I  ABILITY  OF  CITY,  T(  IWN,  ET< 

1400x.  County,  city,  town,  or  school  district  jointly 
liable  with  principal  contractor.  Any  person,  partnership, 
or  corporation  who  has  done  work  or  labor  or  furnished 
materials  to  any  principal  contractor  for  the  construction  or 
repair  of  any  public  work  of  any  character  for  any  county, 

i.  city,  village,  or  school  district,  may  maintain  an 
action  therefor  in  the  county  in  which  such  work,  labor,  01 
materials  were  dom  nr  furnished,  against  such  principal  con- 
tractor and  such  county,  town,  city,  village,  or  school  district, 
jointly,  for  the  recovery  thereof;  but  no  judgment  shall  he 
rendered  against  any  defendant  therein,  other  than  such 
principal  contractor,  for  any  amount  greater  than  the  amount 

from   it   to   such    principal    contractor  at    the   time  of   the 

mencement  ^>i  such  action.  Such  county,  town,  city, 
villa]  hool  district,  when  served  with  the  summons  in 

any   such   action,   may   give   notice   thereof   to   such   principal 
ind    On    SO    doing    need    nql     further    defend    such 
action.      On    rendition    of    judgment    in    such    action    against 
such  principal  contractor,  the  court  may  also  render  judgment 

nst    such    county,    town.    city,    village,    or   school    district 
for   the   amount    due    from    it    to   such   principal    contractor   at 
the  time  "i  the  commencement  of  such  action,  or  for  a  suf- 
ficient   amount    to    pay    the    judgment    recovered    against    the 
principal  contractor,  and  payment  thereof  shall  dischargi 
indebtedness  to  such  principal  contractor,  to  the  amount 
paid;   provided,   that        sts    -hall    not    be   taxed   against    such 
■i,  city,  village,  or  school  district.     Such  principal 
contractor   may,    in   such   action,    file    in    the    court    in    which 
action  is  commenced  a  bond,  in  such  sum  and  with  such 
sureties  as  the  judge  of  such  court  shall  appri 
for  the   payment   of  any   judgment    that    may   he   recovered   in 


234  CHAP.    XLIV.     LIABILITY    OF    CITY. 

such  action,  and  thereupon  the  liability  of  such  county,  town, 
city,  village,  or  school  district  hereunder  shall  cease,  and 
the  action  as  to  it  shall  be  discontinued  without  costs  to  it. 

1399.  Excessive  claim.  Penalty.  No  lien  on  public 
buildings,  etc.  Any  person  who  shall  knowingly  cause  to  be 
filed  for  record  a  claim  of  lien  against  any  property  what- 
ever, which  shall  contain  a  greater  demand  than  the  sum 
due  him,  with  the  intent  to  cloud  the  title  or  to  exact  from 
the  owner  or  person  liable,  by  means  of  such  excessive  claim 
of  liens,  more  than  is  due  him,  or  to  procure  any  advantage 
or  benefit  whatever,  shall  be  deemed  guilty  of  a  mis- 
demeanor. The  provisions  of  this  chapter  shall  not  apply 
to   any  public   building,   structure,   or   improvement. 


CHAP.   L.     MINORS.  235 

CHAPTER    L. 

MINORS. 

1541.     Period     of     minority,     males     and     females.     The 
period  of  minority  extends  in  males  to  the  age  of  twenty-one 
ind    in    females   to   that    of   eighteen    years;   but   all 
minors  obtain  their  majority  by  marriage. 


236  CHAP.  LI.     NAMES— CHANGE  OF. 

CHAPTER   LI. 

NAMES;    CHANGE    OF. 

1545.  Change  of  name  of  person,  city,  town,  etc.  Pe- 
tition. Any  person,  city,  town,  precinct,  or  school  district, 
desiring  to  change  his  or  its  name,  may  file  a  petition  there-, 
for  in  the  district  court  of  the  county  where  located,  setting 
forth : 

1.  The  cause  for  which  the  change  of  name  is  sought; 

2.  The  name  proposed  ; 

3.  If  the  petitioner  is  a  person,  that  he  has  been  a 
bona  fide  citizen  of  the  county  for  the  year  immediately 
prior  to  the  filing  of  the  petition  ;  or,  if  the  petitioner  is  a 
city,  town,  precinct,  or  school  district,  that  two-thirds  of 
the  legal  voters  thereof  desire  such  change  of  name,  and 
that  there  is  no  other  city,  town,  precinct,  or  school  district 
in   this   state  of  the   name  sought. 

1546.  Hearing.     Proof   of   publication.     Order.     At    any 

subsequent  term,  the  district  court  may  order  the  change 
of  name  as  requested,  upon  proof  in  open  court  of  the 
allegations  of  the  petition,  and  that  there  exists  proper 
cause  for  granting  the  same,  and  that  thirty  days'  previous 
notice  of  the  hearing  thereof  has  been  given  in  a  newspaper 
published  or  having  a  general  circulation  in  the  county. 

1547.  Effect  of  change.  Such  proceedings  shall  in  no 
manner  effect  a  legal  action  or  proceeding  then  pending,  nor 
any  right,  title,  or  interest   whatsoever. 


CI!  \l'   l. II       Ml  >TOR    VHIICI.ES.  237 


CHAPTER  LII. 
M<  IT<  >P  \  EHICLES    S.ND  CH  Mil  MRS. 

1548.     Construction   of   words   and   phrases   used   in   this 
Act.     The  words  and  phi  ised  in  this    \c\  shall,  for  the 

purposes  of  this  Act,  unless  the  same  be  contrarj  to  or  im  -  n 
tent  with  the  context,  be  construed  a^  follows 

"Motor  vehicle"  shall  include  all  vehicles  propelled 
by  any  other  than  muscular  power,  excepting  such  motor 
vein  run    only    upon    rails    or    tracks;    provided,    that 

nothing  herein  contained  shall,  except  as  othewise  provided, 
apply  to  motor  cycles,  in. 'tor  bicycles,  traction  engines,  road 
rollers,  fire  engines,  ambulances  or  police  patrol  wagons. 
"Public  highways"  shall  include  any  highway,  country 
tte  road,  public  street,  avenue,  alley,  park,  parkway, 
drivewa'  in     any    city,    town    or     vill 

"<  losely  built  up"  shall  mean,   (a)   the  territory  of  any 
incorporated    city   or    town    contiguo  iblic 

highway    which    is    at    that    point    built    up    with    struct! 
to  busin  rriti  iry  of  an\   o  unity,  im 

town  or  village  contiguous  to  a  public  highway 
led  to  business,  where  for  n 
mile  the  dv\ elling  h  h  high  ■ 

hundred    feet    apart,    and  the    tern1 

city,   town    or    village    conl 
hin   a  di  ne  half  mile   from   ai 

51  one-qt 
ile  within  such  limits  the  dwellin 
-  than  three  hundred 

authorities  having  charge  of  such  ' 

■ 
ten  miles  ur"  and 

te 


238  CHAP   LII.     MOTOR  VEHICLES. 

also  an  arrow  pointing  in  the  direction  where  the  speed  is  to 
he  reduced.  (4)  "Local  authorities"  shall  include  all  officers 
of  counties,  cities,  towns,  or  villages,  as  well  as  all  boards, 
councils,  trustees,  committees,  and  other  public  officials  of 
such  counties,  towns,  cities,  or  villages.  (5)  "Chauffeur" 
shall  mean  any  person  operating  a  motor  vehicle  as  mechanic, 
employe  or  for  hire. 

1548x1.  Statement  to  be  filed  with  secretary  of  state. 
Fee.  Every  person  now  or  hereafter  acquiring  or  owning  a 
motor  vehicle  shall,  for  every  vehicle  owned  by  him,  file  in 
the  office  of  the  secretary  of  state  a  statement  of  his  name 
and  address,  with  a  brief  description  of  the  vehicle  to  be 
registered,  including  the  name  of  the  maker,  factory  number, 
style  of  vehicle  and  motor  power,  on  a  blank  to  be  pre- 
pared and  furnished  by  the  secretary  of  state  for  that  pur- 
pose; the  filing  fee  therefor  shall  be  two  dollars. 

1548x2.  Motor  vehicles  to  be  registered  and  assigned 
number.  The  secretarv  of  state  shall  thereupon  file  such 
statement  in  his  office,  register  such  motor  vehicle  in  a 
book  or  index  to  be  kept  for  that  purpose,  and  assign  it  a 
distinctive  number. 

1548x3.  Seal.  The  secetary  of  state  shall  forthwith  <>n 
such  registration,  and  without  other  tec.  issue  and  deliver  to 
the  owner  of  such  motor  vehicle  a  seal  of  aluminum  or  other 
suitable  metal,  which  shall  be  in  circular  form,  approximately 
two  inches  in  diameter,  and  have  stamped  thereon  the  words 

"Registered  motor  vehicle.  No State  of  Utah."  with 

tin-  registration  number  inserted  therein:  which  seal  shall 
hereafter  at  all  times  be  conspicuously  displayed  on  the 
motor  vehicle,  to  which  such  number  has  been  assigned. 

1548x4.  Id.  Must  be  displayed.  Every  motor  vehicle 
shall  at  all  times,  while  being  used  or  operated  upon  the 
public  highways  of  this  state,  have  the  number  assigned  to 


CHAP    Ml       MOTOR  VEHICLES.  239 

ly   the   secretary  of  state  displayed  "n   the  back  or   rear 

such  vehicle,  in  a  conspicuous  place  and  manner,  securely 

ned   so  as  not   to  swing,  and  so  as  to  be  plainly  visible. 

the    numbers    to    be    in     \rabic    numerals    and    upon    a    plate 

or   marker,   the    said    number   to   be   followed    by   the    initial 

letter  of  tbis  state  on  the  plate  or  marker,  the  figures  thereon 

•r  inches  high  and  eacli  stroke  thereof  to  be  one-half 

and  the  said  letter  thereon  to  be  nol   less  than  one  inch  in 

height,  one  inch  wide,  and  at  all  times  unobscured. 

1548x5.  Motor  vehicles  in  possession  of  manufacturers 
or  dealers.  A  manufacturer  of  or  dealer  in  motoi  vehicles 
•  >r  a  proprietor  of  taxicabs  shall  r  one  vehicle  of  each 

style  or  type  manufactured,  dealt  in  <>r  used  by  him,  and  be 
entitled  I  ny  duplicate  registration  seals  for  each  type 

manufactured,  dealt  in  or  used  as  he  may  desire 
on  payment  of  an  additional  fee  of  fifty  cents  for  each  dupli- 
cate seal,  -aid  duplicate  seals  to  be  designated  by  letters  of 
the  alphabet.  If  a  registration  seal  and  the  corresponding 
number  shall  thereafter  be  affixed  and  displayed  on  every 
vehicle  of  such  type  or  style  as  in  this  section  provided,  while 
such  vehicle  is  being  operated  on  the  public  highways,  it 
shall  be  deemed  a  sufficient  compliance  with  this  Act.  until 
such  vehicle  shall  he  sold.  Nothing  in  this  subdivision  shall 
be  construed  to  apply  to  a  motor  vehicle  employed  b; 
manufacturer  "r  dealer  for  private  use. 

1548x6.     Id.     No  motor  vehicle  shall  be  used  or  operated 

i    the    public    highways    of    this    state    after    thirty    days 

the  time  this   Act   takes  effect,   unless   the  owner   shall 

have   complied    in    a"  till    this    section,    except    that 

■n  purchasing  a  vehicle  from  a  manufacturer 

other  person  after  th  goes  into  effect  shall 

•o  operate  such  vehicle   upon   the  public 

highways   for   a   period  of   ten   da  urchase   and 

•'.  that  during  such  period  such  motor 
ir   'he    r  in    number   and    seal    of   the 


- 

r 
■ 


- 

i 


CHAP  LII.     MOTOR  VEHICLES  241 

therein.  <>r  a   cr  -ting  public   highways,  or  a 

je  or  a  sharp  turn  ur  curve,  dugway,  or  a  steep  descent, 
ng  such  person,  horse  or  other  draft  animal. 
and  in  traversing  such  crossing,  bridge,  turn 

nt.  the  •  erating  the  motor  vehicle  shall 

the  same  under  1  reduce  its  speed.     If  such 

er  draft  animal  !>e;ng  so  led.  ridden,  or  driven 
shall  appear  to  be  frightened,  or  if  the  person  in  charge 
thereof  shall   reque-  "ting  up  his 

hand,  the  person  operating  the  motor  vehicle  shall  immedi- 
ately stop,  and  if  traveling  in  the  opposite  direction,  shall 
.in  stationary  so  long  as  may  be  reasonable  to  allow  such 
horse  or  animal  to  p.  veling  in  the  same  direction, 

shall  use  reasonable  caution  in  thereafter  passing  such  horse 
limal,  so  as  to  prevent  accidents  and  insure  the  safe: 

-  same,  and  shall  not  use 
the  exhaust  cut  :ch  vehicle  when  so  approaching  or 

er  draft  animal. 

154gxll.     Accidents.     In    case    of    accident    to    a    p' 
the   public  high.. 

•or  vehi  person  operating  such  motor 

p,  and.  upon  request  of  a  person  injured,  or 
any  rson  his  name  and  adc 

and.  if  not  the  owner,  the  name  and  address  of  such  owner. 

1548x12.     Public  highway  for  speed  tests.     Local  author- 
inding  the  other  pi- 
le for  a  given  time  a  specified  public  high 

:nder  prope- 
:  the  public. 

1548x13.     Rules  to  be  observed  on  highway  -.ever 

a  person  operating  a  motor  vehicle  shall  meet  on  the  public 

son  riding  or  c-  .  horse  or  horses, 

■     ther  draft  animals,  or  any  other  vehicle,  the  person  so 

g  such  motor  vehcile  shall  reasonably  turn  the  c 


242  CHAP   LII.     MOTOR   VEHICLES. 

to  the  right  so  as  to  give  halt  of  the  traveled  road,  if  practi- 
cable, and  a  fair  and  equal  opportunity  to  pass,  to  the  other 
without  interference ;  or.  if  they  are  traveling  in  the  same 
direction,  the  person  overtaking  shall  pass  on  the  left  side 
of  the  person  so  overtaken,  and  the  person  overtaken  shall 
give  the  other  a  convenient  opportunity  so  to  pass,  if  it  can 
be  done  without  endangering  his  own  vehicle,  person,  horse, 
or  other  draft  animals. 

1548x14.  Equipment.  Lights-  Every  motor  vehicle  while 
in  use  on  a  public  highway  shall  be  provided  with  good 
and  efficient  brakes,  and  also  with  suitable  bell,  horn,  or 
other  signal,  and  be  so  constructed  as  to  exhibit,  during  the 
period  from  one  hour  after  sunset  to  one  hour  before  sunrise, 
two  lamps  showing  white  lights  visible  within  a  reasonable 
distance  in  the  direction  towards  which  such  vehicle  is  pro- 
ceeding, and  also  a  red  light  visible  in  the  reverse  directon. 

1548x15.  Local  authority.  Subject  to  the  provisions  of 
this  Act,  local  authorities  shall  have  no  power  to  pass, 
enforce  or  maintain  any  ordinance,  rule  or  regulation  requir- 
ing of  any  owner  or  operator  of  a  motor  vehicle  any  license 
or  permit  to  use  the  public  highways  or  excluding  or  pro- 
hibiting any  motor  vehicle  whose  owner  has  complied  with 
Section  2  of  this  Act  from  the  use  of  such  highways,  except 
such  driveway,  speedway  or  road  as  has  "been  or  may  be 
expressly  set  apart  by  law  for  the  exclusive  use  of  horsed 
and  light  carriages,  or  except  as  herein  provided,  in  any  way 
affecting  the  registration  or  numbering  of  motor  vehicles  or 
prescribing  a  slower  rate  of  speed  than  herein  specified  at 
which  such  vehicles  may  be  operated,  or  the  use  of  the 
highways  by  such  vehicles,  contrary  to  or  inconsistent  with 
the  provisions  of  this  Act. 

1548x16.  Civil  actions.  Nothing  in  this  Act  shall  be 
construed  to  curtail  or  abridge  the  right  of  any  person  to 
prosecute   a   civil   action   for   damages   by   reason   of   injuries 


CHAP   LII.     MOTOR   VEHICLES. 

to  p>  propertj   resulting  [rom  the  negligent  use  of  tlie 

highways  by  a   motor   vehicle  or  its  owner  or  his  employe 
agent. 

1548x17.     Chauffeurs     must      register.         Fee.  Every 

person  hereafter  desiiing  to  operate  a  motor  vehicle  as  a 
chauffeur  shall  file  in  the  office  of  the  secretary  of  state, 
on  a  blank  to  be  supplied  by  such  secretary,  .1  statement 
which  shall  include  his  name  and  address  and  the  trade  name 
and  motive  power  of  the  motor  vehicle  or  vehicles  he  is  abli 
to  operate,  and  shall  pay  a  registration  fee  of  two  dollars 

1548x18.  Register  to  be  kept.  The  secretary  of  state 
shall  thereupon  file  such  statement  in  his  office,  register  such 
chauffeur  in  a  book  or  index  to  be  kept  for  such  purpose,  and 

n  him  a  number.  . 

1548x19.  Badge.  The  secretary  of  state  shall  forthwith, 
upon  such  registration  and  without  other  fee,  issue  and 
deliver  to  such  chauffeur  a  badge  of  aluminum  or  other  suit- 
metal,  which  -hall  be  in  oval  form,  and  the  greater 
diameter  of  which  >hall  not  be  more  than  two  inches,  and 
such  badge  shall   have  stamped  thereon  the  words,  "Regis- 

'   Chauffeur    \'o ,   State   oi'   I   tali."    with   the   rc^is 

(ration    number    inserted    therein,    which    badge    shall    then- 
after  be  worn  l>\   such  chauffeur  pinned  to  his  clothing  in  a 
jpicuous  place  at  all  times  while  he  is  operating  a  motor 
vehicle  upon  the  public  highv 

1548x20.  Improper  use  of  badge.  No  chauffeur,  having 
I  as  hereinbefore  provided,  shall  voluntarily  permit 
.my  other  person  to  wear  his  badge,  not  shall  an)  person 
while  operating  a   motor   vehicle    wear   any  badge   belonj 

Mother  person,  or  ,1  fictitious  badg 

1548x21.     Owners  operating  their  own  cars.      \ 
shall  motor    vehicle    a-    chauffeur    upon    the    public 


244  CHAP  LII.     .MOTOR  VEHICLES. 

highways  after  thirty  days  from  the  time  this  Act  takes 
effect,  unless  such  person  shall  have  complied  in  all  respects 
with  the  provisions  of  this  section.  Nothing  in  this  section 
shall  apply  to  owners  operating  their  own  cars. 

1548x22.  In  case  of  sale,  number  may  be  retained.  Fee. 
An  owner  of  an  automobile  desiring  to  sell  or  dispose  of  said 
vehicle  shall  immediately  notify  the  secretary  of  state  of 
such  transfer,  and  may  upon  his  request,  and  the  payment 
of  $2.00  registration  fee,  have  the  number  apply  to  any 
other  automobile  owned  or  operated  by  him  not  already 
registered  as  provided  for. 

1548x23.  Disposition  of  fees.  All  fees  received  or  col- 
lected under  the  provisions  of  this  Act  shall  be  paid  into  the 
state  treasury  to  be  applied  to  the  state  road  fund. 

1548x24.  Penalty.  The  violation  of  any  of  the 
provisions  of  this  Act  by  any  owner,  chauffeur  or  operator 
of  any  motor  vehicle,  shall  be  deemed  a  misdemeanor,  and 
punishable  as  such. 

1548x25.  Complaints  or  actions.  In  all  complaints  or 
actions  for  the  violation  of  any  of  the  provisions  of  this  Act 
the  justice  of  the  peace  before  whom  the  same  shall  be  tried 
shall  have  jurisdiction  and  power  to  render  judgment  therein, 
and  issue  process  of  execution  and  mittimus  thereon  ;  but  the 
defendant  shall  have  the  right  to  appeal  as  in  other  cases. 

Approved  March  22d,   1909. 


CHAP.   LIU.     OFFICIAL   BOXD.s  245 

CHAPTER    LIII. 

OFFICIAL   B(  >NDS. 

1682.  Run  to  whom.  \\  hen  the  law  directs  that  a 
public  officer  shall  give  a  bond  without  prescribing  to  whom 
it  shall  run.  it  --hall  he  made,  if  he  i-  a  state  officer,  to 
the  state;  ii  a  county,  precinct.  or  district  officer,  to  the 
county;  if  a  municipal  officer,  t<>  the  city  or  town;  and  if  a 
school  officer,  t"  the  -chool  district  or  to  the  hoard  of  edu- 
cation, as  the  case1  maj   he. 

1683.  Who  secured.  The  official  bond  of  a  public  officii, 
to  the  state,  or  t"  any  county,  city,  town,  or  ether  municipal 
or    publii  -hall    he    deemed    a    security    to    the 

to  such  county,  city,  town,  or  "titer  municipal  or 
public  corporation,  as  the  case  may  be.  and  also  to  all  per- 
sons  severally,  for  tin  official  delinquencies  against  which 
it  is  intended   to   pri  i\ 

1684.  Who  may  maintain  action  on  bond.  When  a 
public  officer,  by  official  misconduct  or  neglect  of  duty. 
shall  forfeit  his  official  bond  or  render  his  sureties  therein 
liable  upon  such  bond,  any  person  injured  by  such  miscon- 
duct or  neglect.  or  who  is  by  law  entitled  to  the  benefit  of 
the  security,  may  maintain  an  action  at  law  thereon  in  his 
own  name  against  the  officer  and  his  sureties  to  recover  the 
amount  to  which  he  may  by  reason  thereof  he  entitled. 

1685.  Repeated  delinquencies.  A  judgment  in  favor 
of  a  party    t  ncy  docs   not    preclude   the   same 

■not her  party  from  an  action  on  the  same  security  for 
another  delinquency  'hat  sureties  can  be  made  Ii 

in  the  au_  nt  of  their  undertal 


246  CHAP.   LIII.     OFFICIAL    BONDS. 

1686.  Bonds  cover  duties  under  subsequent  law.  De- 
fects. The  bonds  of  all  civil  officers  shall  be  construed  to 
cover  duties  required  by  laws  passed  subsequent  to  giving 
them,  and  no  bond  shall  be  void  for  failure  to  comply  with 
the  law  as  to  matters  of  form  or  substance,  but  it  shall  be 
valid  as  to  all  matters  contained  therein,  if  it  complies 
substantiallv  with  the  law. 


CHAP.    L1V.     PAWNBROKERS.  IW 

CHAPTER  LIV. 
PAWNBROKERS    \\n  SECQND-HAND   DEALERS. 

1708.  Pawnbrokers  and  second-hand  dealers  to  keep 
record.  Pawnbrokers  and  dealers  in  second-hand  gi 
-hall  keep  records  containing  a  description  of  all  articles 
received,  the  amounts  paid  therefor  or  advanced  there- 
•  'ii.  a  general  description  of  the  person  from  whom 
received,  together  with  his  name  and  address  and  the  date 
of  the  transaction.  These  records  shall  at  all  reasonable 
time-  be  accessible  t"  any  peace  officer  who  demands  an 
inspection  there")',  and  any  further  information  regarding 
such  transaction  that  he  may  require  shall  In'  given  by  the 
pawnbrokers  and  second-hand  dealers  to  the  best  of  their 
ability.  In  cities  of  the  first  and  second  das-,  at  the  close 
••f   each    day's   business,    pawnbrokers    -hall    mail    a   copy   of 

sheriff  of  the  county  in    which   they  are 
located. 

1709.  Right   to   redeem   forfeited   articles.     In    all    cases 
in    which    article-   pledged    have   been    forfeited,    n.'   sal< 
other    disposition    thereof    by    the    pledgee    -hall    he    made 

'  in  the  period  of  three  month-  after  such   forfeiture,  dur- 
ing which   time  the  pledgor  shall   have   the   first    right    t"   re- 
i    such   articles   at    no   greater   advance    than    ten    per   cent 
upon  tin-  amount  due  when  tin-  forfeiture  occurred. 

1710.  Penalty.      \   violation  of  any  of  the  provision 
title  shall  he  a   misdemeanor. 


248  CHAP.  LV.     PUBLIC   PARKS. 


CHAPTER   LV. 

PUBLIC  PARKS. 

1713x1.  Cities  of  first  class  may  maintain  public  parks, 
etc.  Cities  of  the  first  class  shall  have  authority  to  acquire, 
establish  and  maintain  public  parks,  pleasure  grounds,  play 
grounds,  boulevards,  parkways,  avenues,  driveways,  roads 
and  all  other  public  grounds  belonging  to  the  city  within  or 
without  the  corporate  limits  of  the  city ;  provided,  that  the 
same  arc  within  at  least  ten  miles  of  the  corporate  limits 
of  such   city. 

1713x2.  Lands.  How  acquired.  Lands  for  any  of  the 
purposes  mentioned  in  Section  1  of  this  Act  may.  upon  the 
recommendation  of  the  board  of  park  commissioners  as  here- 
inafter provided,  be  acquired  by  the  city,  either  by  gift, 
devise   or   purchase. 

1713x3.  Control  vested  in  a  board  of  park  commis- 
sioners. The  care,  custody,  management  and  control  of  such 
city  parks,  pleasure  grounds,  play  grounds,  boulevards, 
parkways,  avenues,  driveways,  roads  and  all  other  public 
grounds,  shall  be  vested  in  a  board  of  park  commissioners, 
which  shall  be  composed  of  six  members,  who  shall  be 
qualified  electors  and  resident  taxpayers  of  such  city.  The 
mayor  of  the  city  shall  be  ex  officio  a  member  of  the 
commission. 

1713x4.     Appointment    of    commissioners.  Vacancies. 

The  mayor  of  such  city  shall  nominate  and,  by  and  with  the 
consent  of  the  city  council,  shall  appoint  the  five  members, 
who  together  with  himself,  shall  constitute  the  board  of  park 
commissioners.     Of  the  members  first  appointed,  three  shall 


CHAP.   l.V.     PUBLIC   PARKS.  249 

hold  office  until  December  thirn  First,  1912,  two  shall  hold 
office  until    December  thirty-first,   1"14.  and   thereafter  each 

member  shall  hold  his  office  for  four  years,  and  until  his 
successor  is  appointed  and  qualified.  \11  vacancies  in  such 
commission,  arising  from  any  cause  whatever,  shall  be 
filled  for  the  unexpired  term  by  appointment  by  the  mayor. 

1713x5.  Id.  Oath.  Bond.  Not  to  be  interested  in 
contracts.  The  members  of  the  board  of  park  commissioners 
shall  serve  without  compensation,  except  for  their  actual 
disbursements;  and  shall  subscribe  to  the  constitutional  oath 
of  office,  and  enter  into  a  bond  with  the  city  in  the  sum 
of  twenty-five  hundred  dollars,  with  two  or  more  good  and 
sufficient  sureties.  <>r  corporate  surety,  conditioned  for  the 
fulfillment  of  their  duties,  said  bonds  to  be  approved  by  the 
mayor  and   the  expenses,  if  any.  of  such  bonds   to  be  paid 

of  the  park  fund,  as  hereinafter  provided.  Xo  member 
the  board  of  park  commissioners  shall  be  interested. 
directly  or  indirectly,  in  any  contract  relating  to  the  estab- 
lish! maintenance  oi  anj  of  the  properties  med 
in  Section  1  of  this  Act.  or  in  any  contract  pr<  for 
the  expenditure  of  any  public  money  m  relation  thereto. 
Any  member  of  the  commission  other  than   the  mayor,  shall 

-   vacating  his  office   up"ii   ;: 
any  other   public   office. 

1713x6.     Meetings.      The    board    of    park    comn 
shall    Ini  [ular  meeting  on   the   firsl    Tuesday   of   each 

h,   and   may    by   rule   provide    for   special    mi  and 

service  of  notice  thereof.     A  maji  ri  'he  members  of  the 

conn  nstitute  a  quorum,  and  n  the 

binding,  >rity 

he  members  at   a   regular,  or  duly  called 
then 

1713x7.     Organization.       Offices,     etc.       Superintendent. 
Expenses.     The    board    of    park   commiss 


250  CHAP.  LV.     PUBLIC  PARKS. 

first  regular  meeting  in  each  year,  elect  a  president  and  a 
secretary,  both  of  its  own  number,  and  who  shall  serve  in 
such  capacity  during  the  year.  The  commission  shall  have 
the  power  to  provide  itself  with  a  suitable  office,  and  with 
stationery  and  other  facilities  necessary  for  the  performance 
of  its  duties.  The  commission  shall  have  further  power 
to  appoint  and  employ  a  superintendent  of  parks,  qualified 
to  execute  the  rules,  regulations  and  orders  of  the  com- 
mission :  and  to  appoint  and  employ  parkkeepers,  play  ground 
supervisors,  clerks,  florists,  landscape  artist,  or  other  em- 
ployes that  may  be  deemed  necessary,  said  general  expenses 
and  salaries  to  be  paid  out  of  the  park  fund  in  the  manner 
as    hereinafter   provided. 

1713x8.  Powers  of  commission.  The  board  of  park- 
commissioners  shall  have  exclusive  management  and  control 
of  all  public  parks,  pleasure  grounds,  play  grounds,  boule- 
vards, parkways,  avenues,  driveways,  roads  and  other  public 
gn  muds  as  mentioned  in  Section  1  of  this  Act,  and  exclusive 
power  to  lav  out,  improve  and  regulate  the  same ;  and  to 
prohibit  all  injurious  and  unnecessary  traffic  therein  and 
thereon;  and  to  grant  or  refuse  licenses  to  vend  goods  on 
the  streets  or  sidewalks  within  three  hundred  feet  of  any 
park  entrance,  and  on  the  streets  and  sidewalks  adjoining 
parks ;  and  shall  establish  and  maintain  necessary  rules  and 
regulations  for  the  proper  supervision  and  control  thereof. 
The  commission  shall  have  such  additional  powers  thereto 
as  may  be  prescribed  by  city  ordinance,  and  the  city 
council  shall,  by  ordinance,  provide  for  the  enforcement  of 
the  rules   ami   orders  of  the   commission. 

1713x9.  Id.  The  board  of  park  commissioners  shall 
have  full  power  and  authority  to  expend  for  and  in  behalf 
of  the  city,  in  the  manner  hereinafter  provided  for,  all 
moneys  that  mav  be  raised  by  taxation  or  otherwise  for 
park  purposes,  and  all  moneys  appropriated  by  the  city  coun- 
cil   from    the   general    revenues   of  the   city   for   the   purpose 


CHAP.   LV.     PUBLIC   PARKS.  251 

'us   \ct.  and  all  moneys  that  may  be  •  i>>   the  i 

-Mil  from  the  sale  of  privileges  in  or  about   the  parks  or 
pleasure  grounds  within   its  jurisdiction. 

1713x10.     "Park    Fund."      All    moneys    levied,   collected, 
appropri;  otherwise    acquired    for    the    purposes    as 

mentioned   in  Section   1   of  this    \ct.  shall   be  known  as  the 
"Park    Fund"   and    shall  posited   in    the   city    treasury 

to    the    credit    of    the    park    fund.      Said    fund    shall    be    kept 
separate   and   apart    from   all   other   funds   of   said   city,   and 
shall    be    used    exclusively    for    the    purposes    expressly    set 
forth  in  this  Act;  provided,  however,  that   any  portion  of  the 
park   fund   remaining   unexpended   at    the    end    of   any   fiscal 
year,  or  at   any  other  time,  shall   not  in  any  event  l>e  con- 
verted  into  the  genera]   funds  of  the  city,  nor  be  subjected 
ppropriation  by  the  city  for  general  purposes.    The  board 
park    commissioners    shall    have    power    to    expend    the 
neys  of  said  park  fund,  as   in  its  judgment   the  needs  of 
such    improvements    shall    require,    and    the    same    shall    be 
Marly  drawn  upon  the  city  auditor  by  vouchers,  properly 
authenticated    by    the    president    and    the    secretary    of    the 
ssii  m. 

1713x11.     Real    or    personal    property    may    be    granted, 
etc.     Real    and    personal    property    may    be    granted,    be- 
rthed,  devised   or   conveyed   to  the   board   of  park  com- 
sioners    in    the    name    of    the    city,    for    the    purpose   of 
blishing,    improving    or    ornamenting    any    public    park, 
pleasure  ground,  play  grounds,  boulevard,  parkway,  avenue, 
drivew:r  r  other  public  grounds  within  the  jurisdiction 

or  for  the  establishmenl  or  maintenai 

in  public  parks  or  plea-tire  -rounds,  or  museums,  zoological 

llections  of  natural  history,  observatories, 

ries,   monun  other   work-   of  art.     /'  that 

all    such    real   or   personal    property    so    -ranted,   bequeathed, 

I,  shall  be  nly  upon  such  trusts 

in.      \nd 


252  CHAP.   LV.     PUBLIC   PARKS. 

provided  further,  that  all  such  property  so  accepted  and 
acquired  shall  be  subject  to  the  exclusive  management  and 
control  of  the  commission,  and  the  rents,  issues  and  profits 
accruing  therefrom  shall  issue  into  and  become  a  part  of  the 
park   fund. 

1713x12.  Annual  tax  levy.  As  a  part  of  the  annual  tax 
levy  authorized  by  "law,  the  city  council  shall,  upon  the 
recommendation  of  the  board  of  park  commissioners,  an- 
nually levy,  assess  and  collect  upon  each  dollar  of  taxable 
property  within  the  city,  not  less  than  one-half  of  a  mill  and 
not  more  than  one  mill  for  the  purposes  expressly  mentioned 
in  this  Act.  The  proceeds  from  such  levy  shall  be  col- 
lected in  the  same  manner  and  at  the  same  time  as  are 
other  city-  taxes,  and  shall  be  appropriated  by  the  city  council 
to  the  park  fund. 

1713x13.  Parking  districts.  The  board  of  park  com- 
missioners shall,  in  the  manner  herein  provided,  have  the 
power  to  set  aside  any  part  of  the  city  as  a  parking  district. 
When  it  is  proposed  to  set  apart  any  part  of  the  city  as  a 
parking  district,  it  shall  be  the  duty  of  the  commission  to 
advertise  for  twenty  days,  according  to  law,  notice  of  the 
proposed  setting  aside  of  such  district.  Such  notice  shall 
describe  the  improvements  proposed,  the  boundaries  of  the 
district  to  be  affected  or  benefited  by  such  improvements, 
the  estimated  costs  of  such  improvements,  and  shall  desig- 
nate the  time  when  the  commission  will  consider  the  pro- 
posed levy.  If,  at.  or  before,  the  time  so  fixed  for  making 
the  proposed  levy,  written  objections  to  such  proposed  im- 
provements, signed  by  the  owners  of  at  least  two-thirds  of 
the  front  feet,  of  the  property  abutting  upon  that  portion  of 
the  boulevard,  avenue,  street,  parkway,  driveway  or  road 
which  it  is  proposed  to  improve,  be  nol  filed  with  the  com 
mission,  the  commission  shall  have  pewer,  and  may  proceed, 
to  set   aside  such  part   of  the  city  as  a  parking  district,  and 


PI  BLIC    PARKS  253 

may   institute,   and   undertake   to   make,   such   proposed   im- 
provements, in  the  manner  as  is  hereinafter  provided. 

1713x14.  Special  tax.  \\  hen  any  part  of  such  city  has 
been  properly  set  aside  as  a  parking  district,  the  city  council 
shall,  upon   the  recommendation  of  i In.-   board  of  park   com- 

sioners,  assess   the   lots  and   lands  abutting  "n   the  curb 
borders   of   such   boulevard,   avenue,   street,   parkway,   drive 
way  or  road  which  it   is  proposed  to  improve,  such  lots  and 
lands  to  be  assessed  in  proportion  to  the  linear  feel  fronl 
abutting  <>n  such  boulevard,  avenue,  street,  driveway,  park- 
way or  road.    Provided,  h  thai  the  assessment  for  such 
special  tax,                   vided   for  in  this  section,  shall  be  n 
.1-    Follows:      The    total    estimate   cost   of   the   proposed   im- 
provements   shall    be    levied    at    one    time    upon    the    taxable 
propert)    within   such  district,  and   shall   become   delinquent 

ere  provided.    The  total  amount  of  such  tax  shall  become 

delinquent    in    sixty    days   after   the   date   of   such    levy   and, 

after   the   same   shall   have   become   delinquent,   interest    at    the 

ight  per  cent  pei-  annum  shall  be  paid  thereon     Such 

-hall    be  levied,  collected   and   enforced   in    the   same   man- 
ner as  are  other  special  taxes.     Provided  further,  that,  by  first 
rmission  from  the  Board  of  Park  Commissioners, 
any  owner  of  property  abutting  ''ii   such   boulevard,  avenue, 

et,   driveway,   parkway  or   road,    which   it    is   proposed    to 

rove,  shall  have  the  right  to  grade,  seed,  plant,  care   for 
and    maintain,   under   the   rules,   regulations   and    supervision 

the    commission,    his    own    b  its.,    lands    or   curb    property 
situated  in  such  parking  district:  and,  upon  full  compliance 
with  the  rules  and  regulations  of  the  commission,  -aid  prop- 
owner  shall,  by  and   with  the  consent   and   approval  of 
the  commission,   1"    exonerated   and   released    from    the   pay- 

Lgainsl    him    under    the 

1713x15.      Equalization.       111.  I'ark    Commis- 

-  Hal  1.    whei  'he   city   council    has    levied    any 


254  CHAP.   LV.     PUBLIC   PARKS. 

under  the  provisions  of  Section  14  of  this  act,  sit  as  a  board 
of  equalization  and  review.  Before  said  board  shall  sit.  how- 
ever, the  list  of  property  in  such  district  taxed  shall  have 
been  completed,  and  the  commission  shall  have  given  public 
notice  of  the  completion  of  such  list.  Such  notice  shall  con- 
tain a  list  of  the  property  taxed  and  the  amount  of  tax,  and 
shall  state  the  time  and  place  of  meeting  of  said  board  of 
equalization  and  review,  which  time  shall  be  during  the 
usual  business  hours  and  for  not  less  than  three  consecutive 
days.  During  the  time  specified  when  the  board  shall  sit. 
said  tax  lists  shall  be  opened  to  public  inspection,  and  any 
person  so  assessed,  and  feeling  aggrieved,  may  appear  before 
said  board  and  shall  be  given  a  hearing;  and  the  board  shall 
have  authority  to  make  proper  correction-  of  any  lax  deemed 
to  be  unequal  and  unjust, 

1713x16.  May  condemn  property.  The  city  council  shall 
have  the  power  to,  and  upon  the  recommendation  of  the 
Board  of  Park  Commissioners,  may  condemn  and  purchase 
real  estate  for  the  express  purpose  of  establishing  and 
maintaining  a  system  of  connecting  boulevards  and  pleas- 
ureways,  playgrounds  or  parkways  within  its  corporate 
limits.  Provided,  however,  that  all  such  condemnation  pro- 
ceedings shall  be  undertaken  in  the  name  of  the  city,  and 
shall  be  instituted  and  conducted  by  ^\w  process  of  law. 

1713x17.  Estimates.  The  Board  of  Park  Commission- 
ers shall,  on  or  before  the  first  day  of  January  of  each 
year,  prepare  and  submit  to  the  city  council  an  estimate  of 
all  funds  necessary  to  maintain  all  public  parks,  pleasure 
grounds,  playgrounds,  boulevards,  avenues,  streets,  park- 
ways,  driveways,  roads  and  other  public  grounds  within  its 
jurisdiction,  during  the  ensuing  year:  together  with  an  esti- 
mate of  costs  of  all  contemplated  improvements  proposed 
in  he  made  during  the  ensuing  vear. 


\l\    I  V      I'l  BU(     l   VRKS  255 

1713x18.     Annual   report.     The   fiscal   year  of   the    I 
mmissioners  shall   mil  on   the  thirty-first   <la; 
December  of  each   year,  and  <>n  or  before   the   fifth  day  of 
January  of  each  year  the  commission  shall  prepare  and  sub- 
mit   tn    the   mayor   and    the  ouncil    an    annual    report 
detailing  in   full   its  transactions  during  the  preceding   year 
Such   report   shall   show    an   account   of  all   moneys   received 
and   expended,  and   the   balance,   u   any,   of   the   unexpended 
moneys   reposing   in   the  city   treasury   to   the   credil   of   the 
Park  Fund      Such  report  shall  further  show  in  detail  where. 
when,  how  and  in   what  manner  such  moneys  were  received 
and    expended,   and    shall    show    in    detail    the    nature   of   all 
new    lands    acquired,    improvements    accomplished,    together 
with   a    full   and   comprehensive   record  of  the  general   main 
nee   operations   and   all    other   transactions   of   the   com- 

•  'II. 

Approved   March   21st,   1911 


256  CHAP.   LVI.     PUBLIC  SCHOOLS. 

CHAPTER  LVI. 

PUBLIC    SCHOOLS— SCHOOLS    IX    CITIES. 
City    School    Tax. 

1933.  School  property  exempt  from  taxation  and  exe- 
cution. All  property,  real  and  personal,  held  by  the  board 
of  education  shall  be  exempt  from  general  and  special  taxa- 
tion, and  from  all  local  assessments  for  any  purpose,  and 
shall  not  be  taken  in  any  manner  for  debt. 

1934.  City  one  taxation  district.  For  purposes  of  taxa- 
tion the  whole  city  shall  constitute  one  school  district. 

1935.  Distribution  of  state  funds  to  cities.  All  cities 
organized  under  the  provisions  of  this  chapter  shall  receive 
their  pro  rata  share  of  any  state  taxes  levied  for  the  sup- 
port of  district  schools,  or  any  funds  that  may  be  realized 
from  any  source  which,  under  the  operation  of  law,  are 
required  to  be  divided  pro  rata  for  the  benefit  of  children 
of  school  age  residing  in  the  state. 

1936.  Tax.  Eestimate,  levy,  rate,  collection.  The  board 
of  education  shall,  on  or  before  the  1st  day  of  May  of  each 
year,  prepare  a  statement  and  estimate  of  the  amount  neces- 
sary for  the  support  anil  maintenance  of  the  schools  under  its 
charge  for  the  school  year  commencing  on  the  1st  day  of  July 
next  thereafter;  also  the  amount  necessary  to  pay  the  interest 
accruing  during  such  year,  and  not  included  in  any  prior 
estimate,  on  bonds  issued  by  said  board;  also  the  amount  of 
-inking -fund  necessary  to  be  collected  during  such  year  for 
the  payment  and  redemption  of  said  bonds;  and  -hall  forth- 
with cause  the  same  to  be  certified  by  thi  president  and  clerk 
of  said  board  to  the  officers  charged  with  the  assessment  anil 


CHAP.   LVI.     PUBLIC  SCHOOLS.  257 

collection  of  taxi  eneral  count)   purposes  in  the  county 

in  which  the  city  is  situated,  and  such  officers,  after  having 
extended  the  valuation  of  property  on  the  assessment  rolls, 
<hall  lev)  such  per  cenl  as  shall,  as  nearly  as  may  be,  raise 
the  amount  required  by  the  board,  which  levy  -hall  be  mm 
"ii  all  property  within  the  -~;ii<  1  city  as  returned  on  the  assess- 
ment roll,  and  the  said  county  officers  are  hereby  authorized 
and  required  to  place  the  same  on  the  tax  roll.  Said  tax  shall 
In-  collected  by  the  county  treasurer  as  other  taxes  are  col- 
lected, but  without  additional  compensation  for  assessing  and 

ecting,  and  he  shall  pay  to  the  treasurer  of  said  board, 
promptly  as  collected,  who  shall  hold  the  same  subject  to  the 
the  hoard  of  education;  provided,  that  the  tax  for  the 
and  maintenance  of  such  school  in  cities  of  the  first 
class  and  in  cities  of  the  second  class,  having  an  assessed 
valuation  of  over  ten  million  dollars,  shall  not  exceed  in  any 
one  year  six  and  one-half  mills  on  the  dollar  upon  all  taxable 
property  oi  said  city,  of  which  at  least  three  mills  shall  not 
be  used  otherwise  than  for  the  payment  of  teachers  and  shall 
not  exceed  ..tie  and  one-half  mills  additional  on  the  dollar  in 
"tie  year,  to  be  used  exclusively  for  the  purchase  of  sell 
and  the  erect'  hool  buildings;  and  in  cities  of  the  se'eond 

3,  having  I  valuation  of  less  than  ten  million  dollars, 

the  tax  I  rt  and  maintenance  of  such  schools  shall 

ed   in   any  one  year  eight  and  one-half  mills  on  the 
dollar  upon  all  taxable  property  of  said  city,  of  which  at  li 
three  mills  shall  not  be  used  otherwise  than  for  the  payment 
and    shall    not  me    and    ..tie  half    mills 

additional  on  the  dollar  in  one  year  to  be  used  exclusivel) 
the  purchase  of  school  site-  and  the  school  build- 

This  act   shall   take  effect    upon   approval. 

Approved  March  8th,  1913. 


258  (HAP.    LVII.     VALIDATING   CONVEYANCES. 

CHAPTER  LVII. 

\  ALIDATING    CERTAIN    CONVEYAxNCES. 

2007.  Deeds  executed  under  townsite  act.  All  deeds 
heretofore  made  and  executed  by  the  mayors  of  cities  and 
probate  judges  of  counties  in  the  state  or  territory  of  Utah 
under  the  law  relating  to  the  ''rules  and  regulations  under 
the  townsite  act"  that  do  not  appear  to  have  been  signed 
or  executed  before  any  subscribing  witness,  "i"  that  are 
not  subscribed  by  any  witness,  as  required  by  any  law  of  the 
state  or  territory  of  Utah  existing  at  the  time  of  making 
such  deed  or  instrument,  are  hereby  validated  and  con- 
firmed, and  shall  have  the  same  force  and  effect  as  though 
they  had  been  originally  signed  and  executed  by  subscribing 
witnesses  thereto. 

2008.  Deeds  executed  by  city  instead  of  by  mayor. 
Deeds  and  conveyances  heretofore  executed  by  any  city  in 
the  state  or  territory  of  Utah,  in  its  corporate  name,  of  lands 
held  in  trust  by  the  mayor,  are  hereby  validated  and  con- 
firmed, and  shall  have  the  same  force  and  effect  and  opera- 
tion as  though  they  had  been  executed  by  the  mayor. 

2009.  Public  deeds  improperly  acknowledged.  All 
deeds  heretofore  made  and  executed  by  the  probate  judges 
of  counties  or  mayors  of  cities,  or  by  any  city  in  its  cor- 
porate name,  in  the  state  or  territory  of  Utah,  that  have 
been  acknowledged  before  and  certified  by  city  recorders  or 
county  clerks,  shall  have  the  same  force  and  effect,  and  the 
record  thereof  shall  impart  notice  to  the  same  extent  as 
though  the  acknowledgment  had  been  made,  taken,  and  cer- 
tified as  required  by  the  law  in  force  at  the  time  of  such 
execution  and  acknowledgment 


LVII 

2010      Instrument!   validated.      \".l 

antiary   I,  19  the 

r    thai    'late,    ir:.' 

all 
all 

!   in   the 

malr 

and    all    such    ii  and 

shal' 

■  hintj    h- 

=  ny  right  or  title  acqiiir  -hat 


260  CHAP.   LVIII.     PLATS   AND   SUBDIVISIONS. 

CHAPTER  LVIII. 
PLATS    AND    SUBDIVISIONS. 

2011.  Owner  may  plat  lands.  It  shall  be  lawful  for 
any  owner  or  owners  of  any  land,  or  any  trustee  or  trus- 
tees selected  by  such  owners,  to  lay  out  and  plat  such  land 
into  lots,  streets,  alleys,  and  public  places 

2012.  Map.  Whenever  any  lands  are  hereafter  laid 
out  and  platted  as  mentioned  in  §2011,  the  owner  or  owners 
of  the  same,  or  any  trustee  or  trustees  selected  by  such 
owner  or  owners,  shall  cause  to  be  made  out  an  accurate 
map  or  plat  thereof,  particularly  setting  forth  and  describ- 
ing: 

1.  All  the  parcels  of  ground  so  laid  out  and  platted,  by 
their  boundaries,  course,  and  extent,  anil  whether  they  are 
intended  for  avenues,  street-,  lanes,  alleys,  commons,  or 
other  public  uses,  together  with  such  as  may  be  reserved 
for  public  purposes. 

2.  All  lots  intended  for  sale,  by  numbers  and  their 
precise  length  and  width. 

2013.  Id.  Approval  by  legislative  authority  of  city, 
etc.  Such  map  or  plat  shall  be  acknowledged  In-  such  owner 
mi-  owners,  or  trustee,  before  some  officer  authorized  by  law 
to  take  the  acknowledgment  of  conveyances  of  real  estate, 
and  certified  by  the  surveyor  making  such  plat,  and,  if  the 
land  is  situated  in  any  city  or  town,  shall  be  approved  by 
the  legislative  authority  of  the  city  or  town  in  which  such 
land  is  situated,  or  by  some  city  or  town  officer  foi»  that 
purpose  designated  by  resolution  or  ordinance  of  said  legis- 
lative authority,  and  in  the  absence  of  such  legislative  au- 
thority, by  the  legislative  authority  of  ill.-  county  in  which 
the   town   is   situated:  and   if  the   land   i^   situated   outside   of 


\r    LVII1       PLATS  AND  SUBDIVISIONS.  261 

city  or  town,  shall  be  approved  by  the  board  of  county 
missioners  of  the  county,  or  by  some  county  officer  for 
that   pur|  signated   by  resolution  or  ordinam  said 

board;  and  when  so  acknowledged,  certified,  and  ap 

filed  and  recorded  in  the  office  of  the  county  re- 
corder of  the  county  in  which  the  said  lands  so  platted  and 
laid  out  arc  situated. 

2014.  Id.  Dedication  of  streets,  etc.  Such  map-  and 
plat ■=.  wlu-n  made  acknowledged,  filed,  and  recorded  with 
the  county  i  shall  be  a  dedication  of  all  such  ave- 
nues, streets,  lanes,  alloy-,  commons  ither  public  places 
or  blocks,  and  sufficient  to  vest  the  Fee  of  such  parcels  of 
'and  as  arc  therein  expressed,  named,  or  intended,  for  public 

for  the  inhabitants  of  such  town  and  for  the  public  for 
the  uses  therein  named  "T  intendi 

2015.  Selling  lots  before  recording  map.  Penalty.  If 
any    person    shall    -ell    or   offer    for    <alc   any    lot    so    plaited 

id   plat   within   any   town   or  addition,   before 
the    map    "r    plat    thereof    is    made    out.    ackm  I.    tiled. 

and    recorded   a-   aforesaid,    such   person    -hall    forfeit    to   the 
nty  in  which  such  town  or  addition  is  located  a  -urn  not 
ir  ever)    lot   which  he  shall  sell.     Such   for- 
feiture  shall    be   recovered   in   the   name   of   such    county    in 
an  action  brought  by  the  prosecuting  attorney  tin  ■ 

2016.  Vacating    plat.     Any    owner    or    owner-    of 

n   laid  out    and  platted  a-  hereinbefore  provided 

.  upon  application  to  the  cite  council  of  the  city   wherein 

land    i-    situated,   or    to    the    board    of    county   commis- 

iy   county    wherein    said   land    i-   contained,   have 

•.    or    any    portion    thereof,    or    any    stn  alle) 

therei  lined,  vacated,  altered,  or  changed  as  hereinafter 

led. 

2017.  Id.      Petition.      If  it    •  I  to  vacate  an  entire 
and    the    laud    i-    situated    in    any    incorporated    city,    an 


262  CHAP.   LVIII.     PLATS  AND   SUBDIVISIONS. 

application  in  writing  signed  by  all  of  the  owners  of  the 
land  contained  in  said  plat,  and  by  the  owners  of  land 
contiguous  or  adjacent  to  any  street  or  alley  in  such  plat, 
shall  be  made  to  the  city  council  of  the  city  wherein  such 
land  is  situated,  and  in  all  other  cases  the  application  shall 
be  made  to  the  board  of  county  commissioners  wherein  said 
land  is  contained. 

2018.  Id.  Hearing.  Order.  The  city  council  or  the 
board  of  count}-  commissioners  shall,  at  its  next  regular  meet- 
ing after  the  filing  of  such  application,  consider  the  same,  and 
if  the  said  council  or  said  board  be  satisfied  that  neither 
the  public  nor  any  person  will  be  materially  injured  therein', 
it  shall  order  such  plat  to  be  vacated  as  prayed  for  in  the 
petition,  which  order  shall  be  recorded  in  the  office  of  the 
recorder  of  the  county  wherein  said  land  is  situated. 

2019.  Vacating  portion  of  plat.  Petition.  If  it  is  de- 
sired to  vacate  a  portion  only  of  any  plat  or  street  or  alley 
therein,  application  in  writing  may  be  made  for  that  pur- 
pose to  the  city  council  of  the  city  wherein  said  land  is 
situated,  and  in  all  other  cases  to  the  board  of  county  com- 
missioners of  the  county  wherein  said  land  is  contained, 
which  petition  shall  be  signed  by  all  the  owners  of  land  in 
the  plat  of  which  a  portion  is  to  be  vacated,  and  by  the 
owners  of  land  contiguous  or  adjacent  to  any  street  or 
alley  in  such  plat,  to  vacate  or  alter  which  application  is 
made. 

2020.  Id.  Hearing.  Order.  Upon  the  filing  of  such 
application,  the  city  council  or  board  of  county  commission- 
ers, as  the  case  may  be,  shall,  at  its  next  regular  meeting, 
proceed  to  hear  and  consider  the  same,  and  if  the  said 
council  or  board  be  satisfied  that  neither  the  public  nor 
any  person  will  be  materially  injured  thereby,  it  shall  order 
such  portion  of  said  plat  or  such  street  or  alle)  to  be 
vacated,  altered,  or  changed  as  prayed  for  in  the  petition, 
which  order  shall  be  duly  recorded  m  the  office  of  the 
recorder  of  the  county  wherein  said  land  is  situated. 


CHAP.   I.  IX      SINK  IXC    FUNDS 

CHAPTER     LIX. 

SINKING   FUNDS. 

2063x19.  Sinking  funds  of  any  subdivision  of  state  may 
be  invested.  The  city  council  of  every  city,  the  board  ol 
county  commissioners  of  every  county,  the  board  of  educa- 
tion of  everj  city,  the  trustees  of  every  school  district,  the 
directors  of  every  irrigation  district  in  the  State  of  Utah, 
may  cause  any  sinking  fund,  now  existing  or  hereafter 
ated  by  authority  of  the  laws  of  the  state,  to  be  invested 
in  any  legal  and  lawful  bonds  bearing  interest,  issued  by 
any  county,  or  school  district  in  the  State  of  Utah,  01 
l>y  the  State  of  Utah.  Whenever  such  bonds  are  "ti  the 
market  at  a  fair  and  reasonable  value,  and  the  money  in 
an)  said  -inking  funds  exceeds  the  amount  of  any  bond 
or  bonds  for  which  said  fund  was  created,  then  such  fund 
shall  be  used  to  redeem  -aid  bond  or  bonds  at  the  market 
value  thereof,  and  the  custodians  of  anj  -aid  sinking  fund 
are  hereby  authorized  t"  buy  such  bond  or  bonds. 


264  CHAP.    LX.     PROPERTY    LIABLE   TO    TAXATION. 


CHAPTER  LX. 

PROPERTY  LIABLE    TO     TAXATION-. 

2501.  All  property  taxed,  unless  exempted.  All  prop- 
erty in  this  state,  not  exempt  under  the  laws  of  the  United 
States,  or  under  the  constitution  of  this  state,  shall  be  taxed 
in  proportion  to  its  vale,  as  hereinafter  provided. 

2503.  Property  exempt.  The  property  of  the  United 
States,  of  the  state,  counties,  cities,  towns,  school  districts, 
and  public  libraries,  and  lots  with  the  buildings  thereon 
used  exclusively  for  either  religious  worship  or  charitable 
purposes,  and  places  of  burial  not  held  or  used  for  private 
or  corporate  benefit  shall  be  exempt  from  taxation.  Ditches, 
canals,  flumes,  and  pumping  plants,  owned  and  used  by 
individuals  or  corporations  for  irrigating  lands  owned  by 
such  individuals  or  corporations,  or  the  individual  members 
thereof,  shall  not  be  separately  taxed  so  long  as  they  shall 
be  owned  and  used  exclusively  for  such  purposes. 

2565.  County  and  state  assessments  the  only  basis  of 
taxation.  The  assessment  made  by  the  county  assessor, 
and  that  of  the  state  board  of  equalization,  as  apportioned 
by  the  board  of  county  commissioners  to  each  city,  town, 
school,  road,  or  other  district  in  their  respective  counties. 
is  the  only  basis  of  taxation  for  the  county  or  any  sub- 
division thereof,  and  for  incorporated  cities  and  towns.  All 
taxes  upon  road,  school,  or  other  local  districts,  and  all 
general  city,  city  school,  ami  town  taxes  must  be  assessed 
in  the  same  manner  and  by  the  same  officer-  as  county 
taxes,  and  all  such  taxes,  except  the  municipal  taxes  of 
cities  of  the  third  class  and  of  town-  -hall  be  collected  in 
the   same   manner  and   by   the  same  officers   as  county   taxes. 


CHAT    I  XI.    CITY  AND  TOWN  TAX  Ii.-.  26S 

CHAPTER  LXI. 
CITY    \XD  TOWN   T  Wl'.S. 

2684.  Payments  under  protest.  Action.  In  all  cases  oi 
lev)  oi  taxes,  licenses,  01  other  demands  for  public  revenue 
which  is  deemed  unlawful  bj  the  party  whose  property  is 
thus  taxed,  or  from  whom  such  tax  or  license  is  demanded 
•  ■r  enforced,  such  party  may  pay  under  protesl  such  tax 
it  license,  or  any  part  thereof  deemed  unlawful,  to  the 
officers    designated'  and    authorized    by    law    to  the 

.  and  thereupon  the  party  so  paying  nr  hi-*  legal  repre- 
sentative may  bring  an  action  in  any  court  of  competent 
jurisdiction  against   the  officer  to  whom   said   tax  or  license 

paid,  or  against  the  county  or  municipality  on  whose 
behalf  the  same  was  collected,  to  recover  said  tax  or  license 
<>r  any  portion  thereof  paid  under  proti 

2685.  Id.     Judgment  for  plaintiff.    Repayment.      In 

it  be  determined  in  Mich  anion  that  said  tax  or  license,  or 
any  portion  thereof,  so  paid  under  protest  was  unlawfully 
ected,  judgment  for  recovery  thereof  and  lawful  interesl 
thereon,  together  with  costs  of  action,  shall  be  entered  in 
favor  of  the  plaintiff,  and  upon  being  presented  with  a  duly 
authenticated  copy  of  such  judgment,  the  proper  officer  or 
officer-  of  the  count)  or  municipality  whose  officers  col  lei 
Or  received  such  tax  or  license  shall  audit  and  allow  such 
judgment,  and  cause  a  warrant  to  be  drawn  on   the  treasurer 

nt\    or    municipality    for    the    amount    r< 
by   said    judgment    in   favor  of  th  holder   thereof;   and 

when    any    such  nl    has    been    or    may    hereafter    be 

iinsl    a    county,    and    any     portion    of    the    1 
included    in    the  nl    were    state,    state    sch  unty 

-    which    have    been    or    mav 


state,   s  -  anty 

le  proper 

■ 

upon  demand  by  such 

reasorer   of    the 

-  -   _  ■       - 

such 
school, 

-      there  :r. 

_:;:       .r.  e  rr.  e  t ;     ";:;.".    ~r:v;;e;   s-tersedes   others.     The 

-h:  - 

.    i  to  be 

:     -  ises 

the  court 

i 

2zi"       A-    - :  ■- -  -.  -  -   : : :    rides     7  - .     —  =  i e  by    

;  t  r 

h   incor~    ral  r  town  is 

and 
in  each 
the  valuation 
the  cotur 

l~ii       Assess"':    statement.  Czzy    ::    re              hett    :'_r- 

r_;.-.ei                 -  June    in    each 

then      - 
incorporated  civ 

i  each  ci:;  le  clerk  or  president 

-  of  each  U                  temenl    -ho wing 
ion  of  a 


2689.  Rate,   when  fixed.    Levy.    Certification. 

i 

i  ■ 

•   - 

2690.  1  taxes. 

r  genei 

- 

■  -    -  ■ 

l:'r.        Z .:-■    !-;-.:•    -    : 2. :■: t ;    : r.   £  e  t.  e  r  = ".   r : '.'.  _.         - 

l 
be  extei 

- 

-    - 

- 

i 

- 

-  :  j 
-    .  .   -  < 

- 

ttlement  with  cities 

- 


268  CHAP.  LXI.     CITY  AND  TOWN  TAXES. 

of  each  city  and  incorporated  town  in  the  county,  on  the 
1st  day  of  October  in  each  year,  and  on  the  first  day  of 
each  succeeding  month  until  final  settlement,  all  moneys 
in  his  hands  collected  for  city  or  town  taxes,  and  on  or 
before  the  1st  of  March  in  each  year  to  make  final  settle- 
ment with  the  treasurer  of  each  such  city  or  town  respecting 
the  city  and  town  taxes,  and  pay  over  all  money  then  due 
the  city  or  town.  The  county  treasurer  shall  pay  over  to 
the  treasurer  of  each  city  and  town,  as  fast  as  collected 
or  realized,  their  proportionate  amount  of  delinquent  taxes, 
interest,  and  costs  on  all  tax  sales  and  redemptions  there- 
from. The  city  or  town  treasurer  shall  give  said  county 
treasurer  duplicate  receipts  for  each  payment,  and  the  county 
treasurer  shall  give  one  to  the  citv  auditor,  city  recorder,  or 
town  clerk,  as  the  case  may  be,  and  the  other  shall  be  an 
acquittance  to  such  county  treasurer  in  settling  with  the 
county  auditor  to  the  extent  of  the  payment  shown. 

2694.  Municipal  taxes  due  and  delinquent,  when.  Lien 
attaches.  All  general  city  or  town  taxes  levied  and  assessed 
under  the  provisions  of  this  chapter  shall  become  due  and 
delinquent,  and  shall  attach  to  and  become  a  lien  on  the 
real  and  personal  property  assessed,  at  the  same  time  as 
slate  and  county  taxes;  and  all  the  provisions  of  this  title 
in  aid  of  assessing  and  collecting  state  and  county  taxes 
are  hereby  made  applicable  to  the  assessment  and  collection 
■  if  such  city  and  town  taxes. 

2696.  Special  taxes.  In  cities  and  towns,  special  taxes 
shall  be  levied  and  collected  in  the  manner  and  form,  and 
b)  such  officers  as  are  or  may  hereafter  be  provided  by  law 
and  the  ordinances  of  such  city  or  town. 

2696x.  Auditor  to  file  statement.  On  the  first  Monday 
in  December,  1903,  and  semi-annually  thereafter,  on  the 
first  Monday  in  June  and  December  of  each  year,  it  shall 
be  the  duty  of  the  county  auditor  of  each  county   to  prepare 


VP.  LX1      CI  IV  AND  TOWN  TAXES.  269 

a  mil  and  complete  itemized  statement,  verified  under  oath, 
of  all  warrants  drawn  by  him  since  the  date  "i  the  lasl 
statement,  for  the  salaries  of  the  count}  assessoi  and  his 
deputies  ami  assistants,  and  fur  the  salaries  <>i  the  county 
treasurer  ami  his  deputies  ami  assistants.  Such  statement 
shall  set  forth  in  detail  the  number  of  each  warrant  so 
drawn,  the  date  of  same,  the  name  of  the  person  in  whose 
favor  drawn,  ami  the  nature  of  the  service  rendered. 

2696x1.     To  apportion  amount.      The  county  auditor  shall 
thereupon    apportion    the    -aid    total    amount    so   ascertained 

ach  taxing  fund  or  district  appearing  <>n  the  tax  rolls 
of  tin-  county,  omitting  special  tax  levies  <<i  school  districts, 
in  the  proportion  that  tin-  total  tax  assessed  to  such  taxing 
fund  or  district  hears  to  the  total  taxe-  assessed  "ii  the 
entire  roll  of  the  county,  omitting  the  special  taxes  assessed 
for  school  districts;  provided,  that  the  sum  so  apportioned 
t«>  the  state  and  state  school  funds  shall  In-  borne  and  paid 
by  the  state,  the  amounts  so  apportioned  t"  the  county  ami 
county  school  fund-  -hall  be  borne  and  paid  by  the  county, 
and  the  amounts  so  apportioned  to  cities  of  the  firsl  and 
and  the  schools  of  said  cities  of  the   first    and 

ml   class   -hall   he   home   and   paid   by   -aid   cities  of   the 
first    and    second    cla>s.   and    the   amounts    so   apportioned    to 

-    of    the    third    class    and    incorporated    town-    shall    be 
home   anil    paid    b)    -aid    cities   of    the   third    class   and    in 
porated   towns. 


18 


LXII.      TOWNSITES. 

CHAPTER  LXII. 

TO 

2701.     I>uty    of    mayor    or    district   judge    under    a:' 
congress 

which  an  3- 
- 

and 
and 
- 

a 

- 

■ 

zyancc  made  by  district  judge  or  by  mayor. 

i 

-.ppeals-     Judgment. 


kP     i  Ml       : 
'.        11   m.ivi'i    is   .1   i  l.iim.ml  in\ 

m    sui  h 

in    the 

I    to 

ed  i"i   publJ 

!ll.|\ 

ilu    propel 

in  thi  ni\ 

19     Application  tie 

into  ili' 


272  CHAP.  LX1II.     WEIGHTS  AND  .MEASURES. 

CHAPTER  LXIII. 

WEIGHTS  AND  MEASURES. 

2730.  Municipal  powers  not  abridged.  Nothing  in  this 
title  shall  be  construed  to  curtail  or  in  any  manner  abridge 
the  powers  of  municipal  corporations  to  make  such  regula- 
tions for  the  trying  and  proving  of  weights  and  measures, 
scales  and  beams,  as  are  granted  to  such  corporations  by 
the  laws  of  this  state. 


\P    1  XIV.     I.l>  ITATIONS  273 

CHAPTER  LXIV. 

LIMIT. \TK  )\S      IX    (iF.XRRAL. 
APPLIC  MM  F.  TO  CITIKS. 

2855.  Actions  to  be  commenced  within  periods  pre- 
scribed, ('nil  action--  can  be  commenced  only  within  the 
period-    prescribed    in    the    three    succeeding    chapters,    after 

cause  "t'  action  -hall  have  accrued,  except  where  in 
special   cases  a  different   limitation   i->  prescribed   by   statute. 

2866x.  Title  to  streets,  etc.  No  person  shall  be  al- 
lowed  t"  acquire  any  right  or  title  in  or  to  any  lands  held 
by  any  town  or  city  or  county  or  the  corporate  authority 
thereof,  designated  for  public  use.  as  streets,  lanes,  avenues, 
alleys,  parks,  and  public  squares,  or  for  other  purpose,  by 
adverse   possession    thereof   for   any    length  of   time   whatso 

.   uide--   n    shall   affirmatively   appear  that   such   town   or 

city    or    county    or    the    corporate    authorities    thereof,    have 

or  otherwise  disposed  of  and  conveyed  such  real  esl 

purchas  i    valuable   consideration,   and    that    for 

more  than   seven  years  subsequent   to  such  conveyance,  the 

purchaser,   his   grantees  or   successors  in  interest  have  been 

in   the  exclusive,   continuous   and  adverse  possession  of  such 

real  estate,  in  which  case,  an  adverse  title  may  be  acquired. 

I 

Approved   March  21st.  I'M  1. 

2877.  Action  for  liability  created  by  statute.  One  year. 
Trespass,  waste  fraud,  etc.     Three  years. 

1.     An    action    for   liability   created   by   the    statute   of  a 
foreign    state   or   by   the   statute   of   this  state  other   than  a 
penalty   or    forfeiture    under    the    laws   of    this    state    shall    be 
tin    with   one    vear. 


274 


CHAP.   LXIV.     LIMITATIONS. 


2878.  Action  against  officer  or  for  death  by  negligence. 
Two  years.     Within  two  years: 

1.  An  action  against  a  marshal,  sheriff,  constable,  or 
other  officer  upon  a  liability  incurred  by  the  doing  of  an 
act  in  his  official  capacity,  and  in  virtue  of  his  office,  or  by 
the  omission  of  an  official  duty,  including  the  non-payment 
of  money  collected  upon  an  execution  :  but  this  section  shall 
not  apply  to  an  action  for  an  escape. 

2879.  Action  for  forfeiture,  assault,  etc.  One  year. 
Within  one  year : 

1.  An  action  upon  a  statute  for  a  penalty  or  forfeiture 
where  the  action  is  given  to  an  individual,  or  to  an  indivi- 
dual and  the  state,  except  when  the  statute  imposing  it 
prescribes  a  different  limitation  ; 

2.  An  action  upon  a  statute,  or  upon  an  undertaking 
in  a  criminal  action,  for  a  forfeiture  or  penalty  to  the  state; 

3.  An  action  for  false  imprisonment : 

4.  An  action  against  a  sheriff  or  other  officer,  for  the 
escape  of  a  prisoner  arrested  or  imprisoned  upon  either  civil 
or  criminal  process: 

5.  An  action  against  a  municipal  corporation  for  dam- 
ages or  injuries  to  property  caused  by  a  mob  or  riot. 

2880.  Action  against  officer  for  seizure  or  for  taxes. 
Six  months.  Within  six  months,  an  action  against  an  officer, 
or  officers  de  facto : 

2.  For  money  paid  to  any  such  officer  under  protest, 
or  seized  by  such  officer  in  his  official  capacity,  as  a  col- 
lector of  taxes,  and  which,  it  is  claimed,  ought  to  be 
refunded. 


2881.  Action  against  county  or  city  on  rejected  claim. 
One  year.  Actions  on  claims  against  a  county,  incorporated 
city  or  town,  which  have  been  rejected  by  the  board  of 
county  commissioners,  city  council,  or  board  of  trustees,  as 
the  case  may  be.  must  be  commenced  within  one  year  after 


CHAT.    I. XIV.      LIMITATIONS.  275 

the    first    rejection   thereof   by    such   board,   city    council 
board  of  trustees. 

2883.  Actions   for  relief  not   provided   for.     Four  years. 
An  action   for  relief  not   hereinbefore  provided   for   musl 
commenced  within  four  years  after  the  cause  ol  action  shall 
have   accrued. 

2884.  Limitations  herein  apply  to  state.  The  limita- 
tions prescribed  in  this  chapter  shall  appl)  to  actions  brought 
in  the  name  of  or  for  the  benefit  of  the  state  in  the  same 
manner  as  to  actions  by  private  parties. 


276  CHAP.    LXV.     MISCELLANEOUS. 

CHAPTER  LXV. 

MISCELLANEOUS. 

2948.     Summons,    how    served.     The    summons    must    be 
served  by  delivering  a  copy  thereof  as  follows: 

1.  If  the  defendant  is  an  incorporated  city,  to  the 
mayor  or  recorder;  if  an  incorporated  town,  to  the  president 
or  clerk  of  the  board  of  trustees. 

3113x.  Salaries  of  public  officers  or  employes  subject 
to  garnishment.  The  State  of  Utah,  or  any  county,  city. 
town,  district,  board  of  education,  or  other  subdivision  of 
the  state,  or  any  officer,  board,  or  institution,  or  either  of 
the  same  having  in  possession  or  under  control  any  credits 
or  other  personal  property  of,  or  owing  any  debt  to  the 
defendant  in  any  action,  whether  as  salary  or  wages,  as  a 
public  official  or  employe,  or  otherwise,  shall  be  subject  to 
attachment,  garnishment,  and  execution  under  such  rights, 
remedies,  and  procedure  as  are  or  mav  be  made  applicable 
by  statute  to  attachment,  garnishment,  and  execution,  re- 
spectively, in  other  cases,  except  as  hereinafter  provided. 

3113x1.  Id.  Process,  upon  whom  served.  Answer  con- 
clusive. The  process  shall  be  served  only  upon  the  auditor 
of  the  legal  subdivision  garnisheed.  and  in  case  there  is  no 
auditor,  then  on  the  clerk  of  the  county,  city.  town,  district, 
board  of  education,  or  other  subdivision  of  the  state,  or 
board,  or  institution,  or  either  of  the  same,  and  the  answer 
of  such  auditor  or  clerk  shall  be  final  and  conclusive,  and 
the  truth  of  such  answer  shall  not  be  subject  to  further 
examination  or  proceedings  of  any  kind. 

3245.  Property  exempt  from  execution.  The  following 
property  is  exempt  from  execution,  except  as  herein  other- 
wise specially  provided: 


CHAP    LXV.     MISCEl  1   WEOUS. 

All    courthouses,    jails,    public    offices    and     build 
schoolhouses,   houses  of  public   worship,   lots,   grounds,   and 

mal   property   appertaining    thereto;   the   fixtures,    furni- 
ture,  1 ks,   papers,   and   appurtenances   belonging   and    per 

taining  to  the  courthouse,   jail,  and   public  offices  belonging 
to   any    county    in    this   state,   or    for   the    use   of    school 
houses  of  public  worship;  and  all  cemeteries,  public  squares, 
park-   and  places,   public  buildings,   town    halls,   public   mar- 
ket-, buildings  for  the  u-c  « »£  fire  departments  and   military. 

nizations,   and    the    lots   and    grounds    thereto    belonging 
and  appertaining,  owned  or  held   by   am    town  <>r   incor] 
ated  city,  "r  dedicated  by  such  town  or  city  to  health,  01 
tnent.  or  public  use,  or   for  the  use  of  any    fire  or  militan 
company,    now    existing,   or    which    may    be    under    the    laws 
of  this  state  hereafter  organized. 

3372.     Disobedience    of    order    or    referee,    board,    etc., 
reported   to   district  judge.     Attachment.     Whenever   autl 
ity    is   given    t"   any    person,    officer    (other    than    a    judicial 
officer),    referee,    board,   or   committee  to 

compel    the    attendance    of    witnesses    or    the    production    of 
books  or   papers   before   such   person,   officei  ee,   board 

committee,   and    any    person    dul)    subpoenaed    t"   ap| 
give  evidence,  or  t6  produce  any  books  or  paper-,  shall 
neglect    or    refuse    to   appear   or    to    produce    such    book- 
pap''  -ding   to   the   requirement   of   such   subpoena 
-hall  refu-e  to  testify,  oi  wer  am    question  which  said 
per-. .n.  officer,  referee,  board,  or   committee   shall    di 
be    proper    and    pertinent,    he    shall    be    deemed    in    contempt, 
and  it  shall  be  the  duty  of  the  person,  officer,  referee,  board. 
ommittee,  as  the  case  may  be,  to  report   the  fact   t . ■  the 
judge  of  the  district  court  of  the  county,  who  shall  thereupon 
an   attachment    in    the   form   usual    in    the   district    court, 
directed    to   the    sheriff   of    the    county,    commanding   him    t.. 
attach  said  person  and  forthwith  bring  him  before  th 
by  whose  order  such  attachment   was  issued. 

■    Sec.    199.    Power   of    Board   of   Commission! •■ 


278 


CHAP.   LXV.     MISCELLANEOUS. 


3373.  Id.  Hearing  before  judge.  Penalty.  (  >n  the  re- 
turn of  the  attachment  and  the  production  of  the  body  of 
the  defendant,  the  said  judge  shall  have  jurisdiction  of  the 
matter,  and  the  person  charged  may  purge  himself  of  the 
contempt  in  the  same  way,  and  the  same  proceeding  shall  be 
had,  and  the  same  penalty  may  be  imposed,  and  the  same 
punishment  inflicted,  as  in  the  case  of  witness  subpoenaed 
to  appear  and  give  evidence  on  the  trial  of  a  civil  case  before 
a  district   judge. 

3375.  Citizens  may  inspect  and  copy  public  writings. 
Every  citizen  has  a  right  to  inspect  and  take  a  copy  of  any 
public  writing  of  this  state,  except  as  otherwise  expressly 
provided  by  statute. 

3376.  Public  officer  to  furnish  copy  on  payment  of  fee. 
Every  public  officer  having  *he  custody  of  a  public  writing 
which  a  citizen  has  the  right  to  inspect  is  bound  to  give  him, 
on  demand,  a  certified  couy  of  it,  on  payment  of  the  legal 
fees  therefor. 

3387.  Other  official  documents,  how  proved.  Other 
official  documents  may  be  proved  as  follows: 

Acts  of  a  municipal  corporation  of  this  state  or  of 
a  board  or  department  thereof,  by  a  copy  certified  by  the 
legal  keeper  thereof,  or  by  a  printed  book  published  by  the 
authority  of  such  corporation; 

Documents  of  any  other  class  in  this  state,  by  the 
original,  or  by  a  copy,  certified  by  the  legal  keeper  thereof. 


3389.  Entries  in  official  records  prima  facie  evidence. 
Entries  in  public  or  other  official  books  or  records,  made 
in  the  performance  of  his  duty  by  a  public  officer  of  this 
stale,  or  by  any  other  person  in  the  performance  of  a  dutj 
specially  enjoined  by  law,  are  prima  facie  evidence  of  the 
facts  stated  therein. 


CHAP.    1  XV.     MISCE  LLAN 

3392.  Form   of   certificate    to    copy.      Whenever    a    >  ")>\ 
:  writing  is  certified  for  the  purpi 

tificate  musl    state   in   substance   that   the   copy 

copy   of   the  original,   or  of  a   specifed   part    thereof,  as   the 

case  may  be. 

3393.  Such  certificate  to  be  under  seal.  Such  certifi- 
cate must  be  under  the  official  seal  of  the  certifying  officer, 
if  there  l>c  any.  or,  if  he  l>c  the  clerk  of  a  court  having  a  seal, 
under  the  seal  of  such  court. 

3395.     Id.     By    officer,    or    board   of   officers.     An    entry 
made  by  an  officer,  or  board  of  officers,  or  under  the  di 
t i. «n  and   in   the  presence  of  either,  in   the  course  of  official 
duty,    is    prima    facie    evidence   of    the    facts    stated    in    such 

entry. 

3397.  Seal  defined.  \  seal  is  a  particular  sign,  made 
to  attest  in  the  most  formal  manner,  the  execution  of  an 
instrument. 

3398.  Public    and    private    seals   defined.     Foreign    seal. 
A   public   seal   in   this   state   i>   a   stamp  or   impression   made 
by  a  public  officer  with  an  instrument    provided   by  law 
attest  the  execution  of  an  official  document,  upon  th 

PRl  >DUCTI<  >\   <  >F   WITNESSES 

3417.     Subpoena    defined.     May    require    production    of 
books,   etc.      The   process   1,\    which    the   attendance   "i   a    wit- 
tier- is  required  is  a  subpoena.     It  is  a  writ  or  order  directed 
a    person    and    requiring   hi-    attendance    at    a    particular 
and  place  to  testify  as  a  witness.     It   ma\    also  require 

him    ti>    hritiL,'    with    hint    any    1 k-.    documenl  ther 

things  under  his  control   which  lie  is  hound  by  law 
duce  in  evid<  i 


280  CHAP.   LXV.     MISCELLANEOUS 

3418.  Id.  To  require  attendance  before  court  or  of- 
ficer, etc.     Contempt.     The  subpoena  is  issued  as  follows: 

1.  To  require  attendance  before  a  court,  or  at  the  trial 
of  an  issue  therein,  it  is  issued  in  the  name  of  the  court 
before  which  the  attendance  is  required,  or  in  which  the 
issue  is   [lending; 

2.  To  require  attendance  out  of  the  court,  before  a 
judge,  justice,  or  other  officer  authorized  to  administer  oaths 
or  take  testimony  in  any  matter  under  the  laws  of  this  state, 
it  is  issued  by  the  judge,  justice,  or  any  other  officer  before 
whom   the  attendance  is  required; 

3.  To  require  attendance  before  a  commissioner  ap- 
pointed to  take  testimony  by  a  court  of  a  foreign  country 
or  of  the  I'nited  States,  or  of  any  other  state  or  territory 
in  the  I'nited  States,  or  of  any  other  district  or  county 
within  this  state,  or  before  any  officer  or  officers  empowered 
by  the  laws  of  the  I'nited  States  to  take  testimony,  it  may 
be  issued  by  any  judge,  or  justice  of  the  peace  in  places 
within  their  respective  jurisdictions,  with  like  power  to 
enforce  attendance:  and.  upon  certificate  of  contumacy  to 
said  court,  to  punish  contempt  of  such  process,  as  such 
judge  or  justihe  could  exercise  if  the  subpoena  directed  the 
attendance  of  the  witness  before  his  court  in  a  matter  pend- 
ing therein. 

3419.     Service   of   subpoena,    by   whom   and   how   made. 

The  service  of  a  subpoena  is  made  by  showing  the  original 
and  delivering  a  copy,  <  >r  a  ticket  containing  its  substance, 
to  the  witness  personally,  or  by  leaving  a  copy  with  some 
suitable  person  at  the  place  of  his  abode,  giving  or  offer- 
ing to  him  at  the  same  time,  if  demanded  by  him.  the  fees 
tn  which  he  is  entitled  for  travel  to  and  from  the  place 
designated,  and  one  day's  attendance  there.  The  service 
must  be  made  so  as  to  allow  the  witness  a  reasonable  time 
for  preparation  and  travel  to  the  place  of  attendance.  Such 
service  may  be  made  by  any  person. 


CHAP.   LXV.     MISCELLANEOUS. 


J81 


3494.  Money  may  be  deposited  in  lieu  of  undertaking. 
Withdrawal.  In  all  cases  where  an  undertaking  or  bond 
with  sureties  is  required  by  the  provisions  of  law,  the  pi 

or  defendant   maj    deposit    with   the   clerk  ourl 

01    justice  of   the   peace,  as   the  i  a   sum   equal 

i"  the  amount  required  by  the  undertaking  or  bond,  which 
shall  Ik-  taken  as  security  in  the  place  thereof.  \i  anj 
time  such  deposit  may  be  withdrawn  by  the  party  making 
it.  1 1 1 1< >n  giving  the  undertaking  with  sufficient  sureties  as 
required  by  law,  approved  by  the  clerk  "r  justice,  upon 
notice  to  the  adverse  party  or  his  attorney,  who  may  ob 
to  the  sufficiencj  of  the  sureties  in  the  same  maimer  as 
though  the  undertaking  were  filed  in  the  first   instance. 

3495.  Undertaking  not  required  of  state  or  public  cor- 
poration.    In    an\    civil    action    or    proceeding    wherein    the 

i-  a  party  plaintiff,  or  any  state  officer,  in  his  official 
capacity,  or  on  behalf  of  the  state,  or  any  county,  or  city, 
or  other  public  corporation,  is  a  party  plaintiff  or  defend- 
ant, no  bond,  written  undertaking,  nor  security  can  be 
quired  of  the  state,  or  any  officer  thereof,  or  of  an)  comity, 
'.her  public  corporation;  but  on  complying  with 
the  other  provisions  of  this  code,  the  State,  or  any  State 
officer  acting  in  his  official  capacity,  or  any  county,  or  city. 
ither  public  ion,  has  tlie  same   rights,  remedies, 

and   benefits  as   if   the   bond,   undertaking,  ecurity 

given  and  approved  a-  required  by  thi^  o 


3607.     Rights   of   cities   and   towns   not   affected.     Noth- 
ing  this    code    must    be   construed    to    abi  |     repeal 
statute   providing  for   the   taking  of   property   in   any   cit) 
tow  n   for   streel    purpi 


282  CHAP.  LXVI.     PRELIMINARY   PROVISIONS. 


PENAL  CODE. 


CHAPTER  LXVI. 

PRELIMINARY    PROVISIONS. 

4053.     Sense    in    which    certain    words   are    used    herein. 
Whenever    the    terms    mentioned    in    this    section    are    em 
ployed   in   the  Penal   Code,  they  are   employed  in  the  senses 
hereafter    affixed    to    them,    except    where    a    different    sense 
plainly  appears : 

1.  The  term  "wilfully,"  when  applied  to  the  intent 
with  which  an  act  is  done  or  omitted,  implies  simply  a 
purpose  or  willingness  to  commit  the  act  or  make  the  omis- 
sion referred  to.  It  does  not  require  any  intent  to  violate 
law,  or  to  injure  another,  or  to  require  any  advantage. 

2.  The  terms  "neglect."  "negligence,"  ''negligent,"  and 
"negligently"  import  a  want  of  such  attention  to  the  nature 
or  probable  consequences  of  the  act  or  omission  as  a  prudent 
man   ordinarily   bestows   in   acting  in   his   own   concerns. 

3.  The  term  "corruptly"  imports  a  wrongful  design  to 
acquire  or  cause  some  pecuniary  or  other  advantage  to  the 
person  guilt}-  of  the  act  or  omission  referred  to,  or  to  some 
other  person. 

4.  The  terms  "malice"  and  "maliciously"  import  a 
wish  to  vex,  annoy,  or  injure  another  person,  or  an  intent 
to  do  a  wrongful  act.  established  either  by  proof  or  bv  pre- 
sumption of  law. 

5.  The  term  "knowingly"  imports  onlv  a  knowledge 
that  the  facts  exist  which  bring  the  act  or  omission  within 
the  provisions  of  the  code.  It  does  not  require  any  knowl- 
edge of  the  unlawfulness  of  such  act  or  omission. 

6.  The  term  "bribe"  signifies  any  money,  goods,  right 
in    action,    property,    thing   of    value,   or   advantage,    present 


CHAP.   I  XVI.     PRELIMINAR\    PR<  iVl 

or  prospective,  or  an)    promise  or  undertaking   to  l; i \ «.-  any, 
asked,  given,  or  accepted,  with  a  corrupt  intent  to  influi 
unlawfully  the  p<  whom  it  is  given  in  his  action,  -. 

or  opinion  in  anj   public  or  official  capacity. 

7.     When    the    term    "person"    is    used    in    this    cod< 
designate   the  party   whose  property  may  be  th<  cl    oi 

.my   offense,   it    includes   this   state,   and   any   state,   govern- 
ment,   or    countn     which    may    lawfully    own    any    property 
within    this    state,    and    all    public    and    private    corporations 
inl  associations,  as  well  as  individuals. 

4058.  Penalty    determined    and    imposed    by    the    court. 
The    several    sections    of    this    code    which    declare    certain 
crimes    to    be    punishable    as    therein    mentioned    devolv 
duty  upon   the  court  authorized   to  pass  sentence,  to  deter- 

and  impose  the  punishment  prescribed. 

4059.  Penalty  between  limits  determined  by  the  court. 
\\hene\er  in  thi>  cch'  the  punishment  for  a  crime  is  left 
undetermined  between  certain  limits,  the  punishment  to  be 
inflicted  in  a  particular  case  must  he  determined  by  the 
court    authorized    to    pass    sentence,    within    such    1' 

may  he  prescribed  1>\    this  code. 

4061.  Crime   defined.     A    crime   or   public   offense    is   an 
committed   or  omitted   in    violation   of   a    law    Forbidding 

or  commanding  it.  and   to   which    i~   annexed,   upon    convic- 
the  follow ing  punishmen 

1.  Death: 

2.  1  mpri^i inment  ; 
3      Fine; 

4.  l\emo\  a!   fri  in!  .  iffii 

5.  Disqualification    to    hold    and    enjoy    anj    offio 
r,  trust,  or  profit  in  this 

4062.  Crimes,  how  divided.     I  Yin  livided   " 

1.  Felonii 

2.  Misdemean 


284 


CHAP.  LXVI.     PRELIMINARY   PROVISIONS 


4063.  Felony  defined.  Misdemeanor  defined.  A  felony 
is  a  crime  which  is  or  may  be  punishable  with  death,  or  by 
imprisonment  in  the  state  prison.  Every  other  crime  is  a 
misdemeanor. 

4066.  Felonious  misconduct  in  office.  Forfeiture.  Dis- 
qualification. The  conviction  of  any  state,  county,  city, 
town,  or  precinct  officer  of  a  felony  involving  misconduct 
in  office  involves  as  a  consequence,  in  addition  to  the  pun- 
ishment prescribed  by  law.  a  forfeiture  of  his  office,  and 
disqualifies  him  ever  afterward  from  holding  any  public 
office  in  this  state. 

4068.  Union  of  act  and  intent  to  constitute  crime.  In 
every  crime  or  public  offense,  there  must  exist  a  union  or 
loint  operation  of  act   and  intent,  or  criminal   negligence. 

4069.  Intent,  how  manifested.  Who  are  of  sound 
mind.  The  intent  or  intention  is  manifested  by  the  cir- 
cumstances connected  with  the  offense,  and  the  sound  mind 
and  discretion  of  the  accused.  All  persons  are  of  sound 
mind  who  are  neither  idiots,  nor  lunatics,  nor  affected  with 
insanity. 


4070.  Drunkenness  no  excuse  for  crime-  Mitigation. 
Xo  act  committed  by  a  person  while  in  a  state  of  voluntary 
intoxication  is  less  criminal  by  reason  of  his  having  been 
in  such  condition.  But  whenever  the  actual  existence  i 
any  particular  purpose,  motive,  or  intent  is  a  necessary 
element  to  constitute  any  particular  species  or  degree  of 
crime,  the  jury  may  take  into  consideration  the  fact  that 
the  accused  was  intoxicated  at  the  time,  in  determining 
the  purpose,  motive,  or  intent  with  which  he  committed 
the  act. 


I   II  W'.  I. XVII.    PERSONS   LIABLE  TO    PUNISHM] 

CHAPTER    LXVII. 
PERS<  »NS    LIABLE    Tl  I    PUNISHMENT. 

4071.  All  persons  capable  of  committing  crime,  except 
following.  All  persons  are  capable  of  committing  crimes 
except   tin >se  belonging  to  the  following  classes: 

1.  Children   under  the  age  of   seven   y< 

2.  Children  between  the  ages  of  seven  years  and  four 
teen   years,   in   the  absence  of  clear   proof   thai    at    the   time 
of  committing  the  act  charged  againsl    them  they   knew   its 
u  r<  mgfulness  . 

3.  fdiots; 

4.  Lunatics  and  insane  persons; 

5.  Persons   who  committed   the   acl    or   made    the   omis 
sion   charged   under  an   ignorance   or    mistake  ict,    which 
disproves  any  criminal   intent; 

6.  Persons  who  committed  the  acl  charged  without 
being  conscious   then 

7.  Persons   who  committed   the  acl    or   made   the  omis- 
sion  charged,   through   misfortune   or   by    accident,    when    it 
appears  that  there  was  no  evil  design,  intention,  or  culp 
negligence; 

Married    women,    unless    the    crime    be    punishable 
with  death,  acting  under  the   threats,   command 
of   their    husband-; 

9.      Persons,  unless  the  crime  be  punishable   with   death, 
who  committed  the  act  or  made  the  omission  charged  under 
threats  or  menaces  sufficient  to  show  that   the)    had 
able  cause  to  believe,  and  did   believe,  their  lives   would   be 
endangered   if   they   refused. 

4072.  Persons  liable  to  punishment.  The  following  per- 
sons are  liable  to  punishment  under  the  laws  of  this  state: 

19 


286  CHAP.  LXVII.    PERSONS    LIABLE   TO   PUNISHMENT 

1.  All  who  commit,  in  whole  or  in  part,  any  crime 
within  this  state; 

2.  All  who  commit  larceny  or  robbery  out  of  this 
state,  and  bring  or  arc  found  with  the  property  stolen 
within    this    state  ; 

3.  All  who,  being  out  of  this  state,  cause  or  aid,  ad- 
vise or  encourage,  another  person  to  commit  a  crime  within 
this  state,  and  are  afterward  found  therein. 


- 


I  II  \I'    LXVIII.    P  \KI  IES    in  CRIME 


287 


CHAPTER   LXVIII. 
PARTIES  TO  CRIME. 

4073.  Classified   as   principals   and   accessories.      Parties 
to  crimes  are  classified  a> 

1.  Principals;  and 

2.  Accessories. 

4074.  Id.     Principals    defined.     All     persons    concerned 
in  the  commission  of  a  crime,  whether  it  be  felony  or  mis- 
demeanor,  and   whether   they   directly   commit   the   act    con- 
stituting the  offense,  or  aid  and  abel   in   its  commission, 
not    being   present,    have   advised    and    encouraged    its 
mission,   and   all   persons  counseling,   advising,   or   en 

ing  children  under  the  age  of  Fourteen  years,  lunatics,  or 
idiots  t.i  commil  any  crime,  and  all  prisons  who  by  fraud. 
contrivance,  or  force  occasion  the  drunkenness  of  another 
for  the  purpose  of  causing  him  to  commit  any  crime, 
who  by  threats,  menaces,  command,  or  coercion  compel 
another  to  commit  any  crime,  are  principals  in  any  crime 
ommitted. 


4075.  Id.  Accessories  defined.  Ml  persons  who.  aft.  i 
full  knowledge  that  a  felony  has  been  committed,  conceal 
it  from  the  magistrate,  or  harbor  and  protect  the  person 
charged   therewith  or  convicted    thereof,   are  ries 


JSSCHAP.  LXIX.    CRIMES  AGAINST  EXECUTIVE  POWER. 


CHAPTER  LXIX. 

CRIMES  AGAINST  THE   EXECUTIVE   POWER. 

4077.  Exercising  public  office  without  having  qualified. 
Every  person  who  exercises  any  of  the  functions  of  a  public 
office  without  having  taken  and  filed  the  oath  of  office.  <  >r 
without  having  executed  and  filed  the  required  bond,  is 
guilty  of  a  misdemeanor. 

4078.  Qualification  of  preceding  section.  The  next 
precding  section  shall  not  be  construed  to  affect  the  validity 
of  acts  done  by  a  person  exercising  the  functions  of  a  public 
office  in  fact,  where  other  persons  than  himself  are  inter- 
ested  in   maintaining  the   validity  of  such  acts. 

4079.  Giving  or  offering  bribe  to  executive  officer. 
Every  person  who  gives  or  offers  any  bribe  to  any  execu- 
tive officer  in  this  state,  with  intent  to  influence  him  in 
respect  to  any  act,  decision,  vote,  opinion,  or  other  proceed- 
ing as  such  officer,  is  guilty  of  a  felony. 

4080.  Executive  officer  asking  or  receiving  bribe. 
Every  executive  officer,  or  person  elected  or  appointed  to  an 
executive  office,  who  seeks,  receives  or  agrees  to  receive  any 
bribe,  upon  any  agreement  or  understanding  that  his  vote, 
opinion,  or  action  upon  any  matter  then  pending,  or  which 
may  be  brought  before  him  in  his  official  capacity,  shall  be 
influenced  thereby,  is  guilty  of  felony. 

4081.  Interfering  with  or  resisting  officer.  Every  per- 
son who  attempts,  by  means  of  any  threat  or  violence,  to 
deter  or  prevent  an  executive  officer  from  performing  any 
duty  imposed  upon  such  officer  by  law,  or  who   knowingly 


i 


M'    I. XIX     CRIMES  AGAINST   EXECUTIVE   POWER   289 

resists,  by  the  use  oi  force  or   violence,  such  officer   in   the 
erformance  of  his  duty,  is  punishable  by  fine  m  ling 

00  and  imprisonment  in  the  county  jail  nol  exceeding 
one   year. 

4082.  Officer  asking  or  receiving  gratuity.      Ever 

utive  or  ministerial  officer  who  asks  or  receives  am    emolu- 
ment, gratuity,  or  reward,  or  any  promise  thereof,  excepting 
such  as  may  be  authorized  by  law,  for  doing  any  official  act. 
lilty  of  a  misdemeanor. 

4083.  Presentation  of  unlawful  claim.  Every  person 
who.  with  intent  to  defraud,  presents  for  allowance  or  for 
payment  to  any  state  board  or  officer  or  to  any  county,  city, 

n,  or  district  board  or  officer,  authorized  to  allow  or 
pay  the  same,  if  genuine,  any  false  or  fraudulent  claim,  bill, 
account,  voucher,  or  writing  i^  guilty  of  felony. 

4084.  Buying  appointment  to  office.      Every  person  who 
offers  any  gratuity  or  reward,  in  consideration   that 

he  or  any  other  person  shall  be  appointed  to  any  public 
office,  or  shall  be  permitted  to  exercise  or  discharge  the 
duties  thereof,  is  guilty  of  a  misdemeanor. 

4085.  Selling  appointment  to  office.  Every  public  of- 
ficer who.  for  any  gratuity  or  reward,  appoints  another 
person  to  a  public  office,  or  presents  another  person  to 
exercise  or  discharge  any  of  the  duties  of  his  office,  is 
punishable  by  a  fine  not  exceeding  $1,000. 

4086.  Wrongful    exercise    of   functions   of   public    office. 
Every   person    who    wilfully   and    knowingly   intrudes    hi- 
into   any    public   office   to    which   he    has   not    been    elected    or 
appointed,    and    eve-  n    who,    having    been    an    ex< 
tive    officer,    wilfully    exercises    any    of   the    fund  his 

his    term    has    expire. 1    and    a 


290       CHAP.  LXIX.    CRIMES  AGAINST   EXECUTIVE  POWER. 

elected   or  appointed,   and   has   qualified,   is   guilty   of   a   mis- 
demeanor. 

4087.  Officer  withholding  records,  etc.,  from  successor. 
Every  officer  whose  office  is  abolished  by  law,  or  who,  after 
the  expiration  of  the  time  for  which  he  may  be  appointed 
or  elected,  or  after  he  has  resigned  or  been  legally  removed 
from  office,  wilfully  and  unlawfully  withholds  or  detains 
from  his  successor  or  other  person  entitled  thereto  the 
official  seal  or  any  records,  papers,  documents,  or  other 
writing  appertaining  or  belonging  to  his  office,  or  mutilates, 
destroys,  or  takes  away  the  same,  is  guilty  of  a  felony. 

4088.  Officer  withholding  books,  etc.,  from  successor. 
Every  officer  whose  office  is  abolished  by  law,  or  who,  after 
the  expiration  of  the  time  for  which  he  may  be  appointed 
or  selected,  or  after  he  has  resigned  or  been  legally  removed 
from  office,  who  wilfully  or  unlawfully  withholds  or  detains 
from  his  successor  or  other  person  entitled  thereto  any 
volume  of  the  laws,  or  of  supreme  court  reports,  or  of  othet 
like  books  belonging  to  the  office,  shall  be  deemed  guilty 
of  a  misdemeanor. 

4097.  Corruptly  soliciting  official  action  of  public  officer. 
Every  person  who  corruptly  solicits,  directly  or  indirectly, 
the  official  action  of  any  member  of  the  legislature  or  of 
any  public  officer  of  the  state,  or  of  any  municipal  division 
thereof,  is  guilty  of  a  felony. 


4102.  Lobbying  for  hire.  Every  person  wdio  obtains, 
or  seeks  to  obtain,  money  or  other  thing  of  value  from 
another  person  upon  a  pretense,  claim,  or  representation  that 
he  can  or  will  improperly  influence  in  any  manner  the  action 
oi  any  member  of  any  legislative  body  in  regard  to  any  vote 
or  legislative  matter,  is  guilty  of  a  felony. 


I  HAP.  I. XX.     COKKI   l'l  H  >N   i  '1    Ol  I- i 


J91 


CHAPTER   LXX. 
(  I  IRRTJPTN  >\  (  IF  JUDIC1  \l.   W  ER  OF] 

4104.  Giving  bribes  to  judicial  officers,  etc.  Every 
person  who  gives  or  offers  to  give  a  briK-  to,  "r  who 
attempts  corruptl)  to  influence,  anj  judicial  officer,  juror, 
referee,  arbitrator,  umpire,  appraiser,  or  an)  person  who 
may  be  authorized  by  law  to  hear  and  determine  any  ques- 
tion "i  controversy,  with  intent  to  influence  his 
opinion,  or  decision  upon  any  matter  or  question  which  is 
nr  may   be  brought   before   him    foi    decision,   is  guilt)    of  a 

ny. 

4105.  Judicial    officer,    etc.,    receiving    bribe.         I i\ 
judicial   officer,    juror,   referee,   arbitrator,   umpire,   appra 

ther  person  authorized  1>\  law  to  hear  or  determine 
any  question  or  controversy,  who  asks  or  receives,  or  agrees 
to  receive,  an)  bribe,  upon  an)  agreement  or  understanding 
that  In-  pinion,  or  decision  upon  any  matt 

tion    which   is   or   may    1"    brought    before   him    for   deci 
■diall  be  influenced  thereby,  is  sruiltv  of  a  felony. 


4111.  Officer  convicted  to  forfeit  office.  Ever)  officer 
convicted  of  any  crime  defined  in  this  chapter,  in  addition 
i"  the  punishment  prescribed,  forfeits  his 


292  CHAP.    LXXI.     RESCUES.     ESCAPES. 

CHAPTER  LXXI. 

RESCUES.     ESCAPES. 

4112.  Rescuing   prisoners.     Every   person    who   rescues, 

or  attempts  to  rescue,  or  aids  another  person  in  rescuing  or 
attempting  to  rescue,  any  prisoner  from  any  prison  or  jail, 
or  from  any  officer  or  person  having  him  in  lawful  custody, 
is  punishable  as  follows: 

1.  If  such  prisoner  was  in  custody  upon  a  conviction 
of  felony  punishable  with  death,  by  imprisonment  in  the 
state  prison  not  less  than  one  nor  more  than  five  years ; 

2.  If  such  prisoner  was  in  custody  upon  a  conviction 
of  any  other  felony,  by  imprisonment  in  the  state  prison  not 
less  than  six  months  nor  more  than  one  year; 

3.  If  such  prisoner  was  in  custody  upon  a  charge  of 
felony,  by  fine  not  exceeding  $500,  or  by  imprisonment  in 
the  county  jail  not  exceeding  one  year,  or  by  both  : 

4.  If  such  prisoner  was  in  custody  otherwise  than  upon 
a  charge  or  conviction  of  felony,  by  fine  in  any  sum  less 
than  $3000,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing six  months,  or  by  both. 

4113.  Taking  or  destroying  goods  in  possession  of 
officer.  Every  person  who  wilfully  injures  or  destroys,  or 
takes  or  attempts,  or  assists  any  person  in  taking  or  attempt- 
ing to  take,  from  the  custody  <if  any  officer  or  person  any 
personal  property  which  such  officer  or  person  has  in  charge 
under  any  process  of  law,  is  guilty  of  a  misdemeanor. 

4115.  Escaping  from  other  than  state  prison.  Every 
prisoner  confined  in  any  prison  other  than  the  state  prison, 
who  escapes  or  attempts  to  escape  therefrom,  is  guilty  of 
a   misdemeanor. 


\  r    LXXI.     RES( 


293 


4116.  Officer     aiding     or     permitting     escape.       Every 
keeper  of  a  prison,  sheriff,  deputy  sheriff,  constab  tiler, 
or  person  employed  as  a  guard,  who  fraudulently  contri1 
procures,  aids,  connives  at,  or  voluntarily  permits,  the  esi 

of  any  prisoner  in  custody,  is  punishable  by  imprisonment 
in  tin.1  state  prison  not  exceeding  three  years,  and  by  fine 
m  il  exceeding  SI. 000. 

4117.  Assisting  prisoner  to  escape.  Every  person  who 
wilfully  assists  any  prisoner  confined  in  any  prison,  or  in  the 
lawful  custody  of  any  officer  or  person,  to  escape,  or  in  an 
attempt  to  escape,  from  such  prison  or  custody,  is  punishable 
.is  proA  ided  in  the  n        prei  eding  sectii 


4118.     Furnishing    implements,    etc.,    to    aid    in    escape. 

or  sends  into  a  prison  anythin 

aid  a  prisoner  in  making  his  escape,  with  intent  th< 
facilitate  the  -\    prisoner  confined  therein,  is  pun- 

ishable as  provided  in  ;   H16. 


294 


CHAP.  LXXII.     PUBLIC  RECORDS. 


CHAPTER  LXXII. 
PUBLIC  RECORDS. 

4119.  Larceny  or  mutilation  of  records,  etc.,  by  a  cus- 
todian. Every  officer  having  the  custody  of  any  record,  map. 
or  book,  or  of  any  paper  or  proceeding  of  any  court,  filed 
or  deposited  in  any  public  office,  or  placed  in  his  hands  for 
any  purpose,  who  is  guilty  of  stealing,  wilfully  destroying, 
mutilating,  defacing,  altering,  falsifying,  removing,  or  secret- 
ing the  whole  or  any  part  of  such  record,  map,  book,  paper. 
or  proceeding,  or  who  permits  any  other  person  so  to  do, 
is  guilty  of  a  felony. 

4120.  Id.  By  other  than  custodian.  Every  person,  not 
an  officer  such  as  is  referred  to  in  the  preceding  section, 
who  is  guilty  of  any  of  the  acts  specified  in  that  section, 
is  punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing three  years,  or  in  a  county  jail  not  exceeding  one  year. 
or  by  a  Fine  not  exceeding  $100.  or  by  both. 


4121.  Offering  false  or  forged  instrument  for  record. 
Every  person  who  knowingly  procures  or  offers  any  False 
or  forged  instrument  to  be  filed,  registered,  or  recorded  in 
any  public  office  within  this  state,  which  instrument,  if 
genuine,  might  be  filed;  or  registered,  or  recorded  under  any 
law  of  this  state  or  of  the  United  States,  is  guilty  ol  a  felony. 


CHAP.  LXXIII      07  HER  OF]  i  NSES 

CHAPTER  LXXIII. 
OTHER   OFFENSES    \GAINST    PUBLIC  JUSTICE 

4138.  Officer    refusing    to    receive    or    arrest    criminal 
ry    sheriff,   keeper   of   a   jail,   constable,   or   other    pi 

officer  who  wilfully  refuses  to  receive  or  arresl  any  person 
charged  with  a  criminal  offense  is  punishable  by  fine  not 
exceeding  $1,000,  and   impri  in   the  county  jail    nol 

eding  i  me  year. 

4139.  Delay  in  taking  arrested  person  before  magistrate. 
Every  public  officer  or  other  person,  having  arrested  any 
person  upon  a  criminal  who  wilfully  delays  taking 
such  person  before  a  magistrate  having  jurisdiction   :<>  take 

.animation,  is  guilty  of  a  misdemeanor. 

4140.  Making  arrest,  etc..  without  lawful  authority. 
Every  public  officer,  or  person  pretending  to  be  public 
officer,   who.   under  the   pretense  or  color  of  any   pn 

other    legal    authority,    arrests    any    person    "r    detains    him 

against    his   will,  or   seizes  or   levies   upon   any   property,  or 

ossesses  any  one  of  any   lands  or  tenement-,   without   a 

tlar  proci  ither  lawful  authority  therei  uilty 

of  a  misdemeanor. 

4141.  Inhumanity    to    prisoner.      Every    officer 
guilty  of  wilful  inhumanity  or  oppression  toward  anj  ■ 
under  hi  or  in  his  custody  is   punishable  by   fine   ti"t 

by  imprisonment   in   the  county  jail   nol 
ear. 

4142.  Resisting  or  obstructing  officer.  Even 
who  wilful!)  ny  publii 
in    the   discharge   "r   attempt  iny   dut) 


296  CHAP.  LXXIII.     OTHER  OFFENSES. 

d  no  other  punishment  is  prescribed,  is  punishable 
by  fine  not  exceeding  S1,000,  or  by  imprisonment  in  the 
county  jail  not  exceeding  one  year,  or  by  both. 

4143.  Assaults  by  officer  under  color  of  authority. 
Every  public  officer  who,  under  color  of  authority,  without 
lawful  nece—  -aults  or  beats  any  person,  is  punishable 
by  fine  not  exceeding  $1,000,  or  by  imprisonment  in  the 
county  jail  not  exceeding  one  vear. 

4144.  Refusing  to  aid  officer  in  arrest,  etc.  Every 
male  person  over  eighteen  years  of  age  who  neglects  or 
refuses  to  join  the  possee  comitatus  or  power  of  the  county, 
by  neglecting  or  refusing  to  aid  and  assist  in  taking  or 
arresting  any  person  against  whom  there  may  be  issued  any 
process,  or  by  neglecting  to  aid  and  assist  in  retaking  any 
person  who.  after  being  arrested  or  confined,  mav  have 
escaped  from  such  arrest  or  imprisonment,  or  by  neglecting 
or  refusing  to  aid  and  assist  in  preventing  any  breach  of 
the  peace,  or  the  commission  of  any  criminal  offense,  being 
thereto  lawfully  required  by  any  sheriff,  deputy  sheriff,  con- 
stable, judge,  or  justice  of  the  peace,  or  other  officer  con- 
cerned in  the  administration  of  justice,  is  punishable  by  a 
fine  of  not  exceeding  S100. 

4145.  Compounding  or  concealing  crimes,  etc-  Every 
person  who.  having  knowledge  of  the  actual  commission  of  a 
crime,  takes  money  or  property  of  another,  or  any  gratuity 
or  reward,  or  any  engagement  or  promise  thereof,  upon  any 
agreement  or  understanding  to  compound  or  conceal  such 
crime,  or  to  abstain  from  anv  prosecution  thereof,  or  to 
withhold  any  evidence  thereof,  except  in  the  cases  provided 
for  by  law  in  which  crimes  may  be  compromised  by  leave  of 
court,  is  punishable  as  follows: 

1.  By  imprisonment  in  the  state  prison  not  exceeding 
five    years,    or    in    a    county    jail    not    exceeding    one    year, 


CHAP    I  XXIII     (  ITHER  OFFEN 


297 


where  the  crime  was  punishable  nprisonment 

in  the  state  prison  for  lii 

2.  By  imprisonment  in  the  state  prison  n  ding 
three  years,  or  in  the  county  jail  not  exceeding  nths, 
where  the  crime  was  punishable  by  imprisonment  in  the  state 
prison  for  any  oilier  term  than  for  life; 

3.  By  imprisonment  in  the  county  jail  not  exceeding 
six  months,  or  by  fine  not  exceeding  $100,  where  the  crime 
w  as  a  misdemeanor. 


4153.  Omission  of  duty  by  public  officer.  Every  wilful 
omission  to  perform  any  duty  enjoined  by  law  upon  any 
public  officer,  or  person  holding  any  public  trust  or  employ- 
ment, where  no  special  provision  shall  have  Keen  made  for 
the  punishment  of  such  delinquency,  is  punishable  as  ■* 
misdemeanor. 


298 


CHAP.    LXXIV.      FALSE    IMPRISONMENT. 


CHAPTER   LXXIV. 

FALSE  IMPRISONMENT. 

4188.  False  imprisonment  defined.  False  imprisonment 
is  the  unlawful   violation  of  the  personal   liberty  of  another. 

4189.  Id.  Penalty.  False  imprisonment  is  punishable 
by  fine  not  exceeding  $3,000,  or  by  imprisonment  in  the 
county   jail   not   more   than   one   year,  or  bv  both. 


' 


CHAP.  l.X.W     CRIMES   \>.  UN  >D  Ml  >RALS 

CHAPTER  LXXV. 
(  RIMES    KG  VINST  G<  »  >D    M(  >P  \l 

4233.  Barbarous    and    noisy    amusements    on    Sunday. 
on   who  mi   Sunday   gets   up,   exhibits,   opens,  or 

maintains,    or    aids    in    getting    up,    exhibiting,    opening,    01 
maintaining  any  bull,  bear,  cock,  or  prize  fight,  horse  1 
cirrus,    gambling    house,    or    saloon,    or    any    barbarous    and 
noisy  amusement;  or  who  keeps,  conducts,  or  exhibits  any 
theater,   melodeon,   dance   cellar,  or   other   place  of   musical. 
theatrical,  or  operatic  performance,  spectacle,  or  representa 
lion,    where    any    wine-,    liquors,   or    intoxicating   drinks 
bought,  sold,  used,  drank,  or  given  away;  or  who  purcha 
any  ticket    of  admission,  <>r  directly  or   indirectly   pays   any 
admission  fee  to  >>r  for  the  purpose  of  witn<  attend 

any  such   place,   amusement,   spectacle,   performance 
representation,  is  guilty  of  a  misdemeanor. 

4234.  Keeping     open     place     of     business     on     Sunday. 
Every  person   who  keeps  open   on   Sunday  any  "rk- 
shop.  har.  saloon,  banking  house,  or  other  place  of  busini 
i'>r  the  purpose  of  transacting  business  therein,  is  punisha 
by  fine  it  •  t   less  than  $5  nor  more  than  SI1 

4235.  Id.    Hotels,  boarding  houses,  baths,  etc..  excepted. 
provisions    of    the    preceding   section    do    not    appl) 

vho,  on  Sunday,  keep  open  hotels,  boarding  hou 
bath;  taverns,    livery    stables,    or    retail    druy 

■r  the  legitimate  business  of  each,  or  such  manufac 
turiti^    establishments    as    are    usually    kept    in    continuous 
-ation. 

4236.  Disturbing  religious  meetings.      I  who 
wilfully  disturbs  or  disquiets  an; 


300     CHAP.   LXXV.     CRIMES  AGAINST   GOOD   MORALS. 

for  religious  worship,  by  noise,  profane  discourse,  rude  or 
indecent  behavior,  or  by  any  unnecessary  noise,  either  within 
the  place  where  such  meeting  is  held  or  so  near  it  as  to 
disturb  the  order  and  solemnity  of  the  meeting,  is  guilty  of 
a  misdemeanor. 

4237.  Selling  liquors  at  theaters,  etc.  Every  person 
who  sells  or  furnishes  any  malt,  vinous,  or  spirituous  liquors 
to  any  person  in  the  auditorium  or  lobbies  of  any  theater, 
melodeon,  museum,  circus,  or  caravan,  or  place  where  any 
farce,  comedy,  tragedy,  ballet,  opera,  or  play  is  being  per- 
formed, or  any  exhibition  of  dancing,  juggling,  wax-work 
figures,  and  the  like  is  being  given  for  public  amusement,  and 
every  person  who  employs  or  procures  or  causes  to  be 
employed  or  procured,  any  person  to  sell  or  furnish  any 
malt,  vinous,  or  spirituous  liquors  at  such  place,  is  guilty  of 
a  misdemeanor. 

4238.  Performing  unnecessary  labor  or  business  on  Sun- 
day. Every  person  who  performs  any  unnecessary  labor  or 
does  any  unnecessary  business  on  Sunday  is  guilty  of  a 
misdemeanor,  and  shall  be  fined  in  any  sum  not  exceed- 
ing $25. 

4239.  Id.  Exception.  Labor  performed  by  employes  of 
such  works  as  are  usually  kept  in  constant  operation,  and 
in  irrigating,  is  not  included  in  the  foregoing  section. 

4240.  When  Sunday  begins  and  ends.     For  the  purposes 

of  this  title,  Sunday  shall  commence  at  midnight  Saturday 
and  terminate  the  following  midnight. 

4243.  Procuring  females  to  play  musical  instruments  at 
saloons,  etc.  Every  person  who  causes,  procures,  or  employs 
any  female  to  play  for  hire,  drink,  or  gain  upon  any  musical 
instrument  in  any  drinking  saloon,  dance  room,  or  dance 
cellar,    public    garden,   or   any   public    highway,    common,    or 


CHAP,   l  XXV.     CRIMES    VGAINST  GOOD  MORALS      301 

street,  or  "ii  a  vessel,  steamboat,  or  railroad  car,  or  in  any 
lewd    house,  or  disorderly   place    whatsoever,   where    twi 
more  persons  are  assemb  punishable  by  fine 

in  any  sum  less  than  $300,  or  by  imprisonment  in  the 
nty  jail  not  exceeding  three  months,  or  by  both;  and  any 
female  so  playing  upon  any  musical  instrument  whatsoever 
is  punishable  by  fine  not  exceeding  .SI'*',  or  by  imprisonment 
in  the  county  jail  nol  exceeding  one  month,  or  by  both. 

4244.     Procuring     females     to     dance     at     saloons,     etc. 

Every  person  who  causes  or  procures  or  employs  any  female 

lance,   promenade,   or   otherwise   exhibit    herself    for    hire. 

drink,  or  gain  in  any  drinking  saloon,  dance  cellar,  or  dance 

room,  public  garden,  public  highway,  or  in  any  plao 

er,    theatres    excepted,    where   two   or    more    persons    are 
together,  is  punishable  by  a  fine  in  any  sum  less 
than  $300,  or  by  imprisonment  in  the  county  jail  not  exo 
in^  three  months,  or  in   both;  and  every  female  so  dam 
promenading,  or  exhibiting  herself  is  punishable  by  fine  not 
exceeding   $100,  or  by  imprisonment    in 
ceding  one  month,  or  by  both. 

4247.     Indecent  exposure,  exhibiting  writings,  etc.    I 

wilfully  and  lewdly,  either: 
1.  his   person  or   the   private   par'  i'   in 

any   public    place   or    in    any    place    where    there    are    pri 
other  persons   to  be  offended   or  annoyed   thereb 
_'.  mnsels, 

himself,  or  to  take  part  in  any  model  artist   exhibition, 
■  >r   to   make  any  other   exhibi  public    \ 

any  numbei 
ncy,    or    i-    adap 
thoughts 

3.     W  ri  i  nits,  publish 

in 
in   writi'  ire.  print,  design,   fi 

devii 

20 


3(12     CHAP.   LXXV.     CRIMES   AGAINST   GOOD   MORALS. 

wise   prepares  any   obscene   or   indecent   picture   or   print    or 
moulds,  cuts,  casts,  otherwise  obscene  or  indecent  figure  :  or. 

4.  Writes,  composes,  or  publishes  any  notice  or  adver- 
tisement of  any  such  writing,  paper,  book,  picture,  print,  or 
figure;  or  any  notice  or  advertisement  of  any  article,  pre- 
scription,  or  preparation  for  producing  or  facilitating  a  mis- 
carriage; or, 

5.  Sings  any  lewd  or  obscene  song,  ballad,  or  other 
words  in  any  public  place,  or  in  any  place  where  there  are 
persons  present  to  be  annoyed  thereby,  is  guilty  of  a 
misdemeanor. 

4248.  Seizure  of  indecent  books,  pictures,  etc.  Every 
person  who  is  authorized  or  enjoined  to  arrest  any  person  for 
a  violation  of  Sub.  3  of  the  next  preceding  section  is 
equally  authorized  and  enjoined  to  seize  any  obscene  or 
indecent  writing,  paper,  book,  picture,  print,  or  figure 
found  in  possession  or  under  the  control  of  the  person  so 
arrested,  and  to  deliver  the  same  to  the  magistrate  before 
whom  the  person  so  arrested  is  required  to  be  taken. 

4249.  Id.  Summary  destruction  of.  The  magistrate  to 
whom  anv  obscene  or  indecent  writing,  paper,  book,  picture, 
print,  or  figure  is  delivered,  pursuant  to  the  following  section, 
must,  upon  the  examination  of  the  accused,  or,  if  the  exam- 
ination is  delayed  or  prevented,  without  awaiting  such 
examination,  determine  the  character  of  such  writing,  paper, 
book,  picture,  print,  or  figure,  and  if  he  finds  it  to  be 
obscene  or  indecent,  he  must  deliver  one  copy  to  the  prose- 
cuting attorney  of  the  county  in  which  the  accused  is  liable 
to  complaint  or  trial,  and  must  at  once  destroy  all  the  other 
copies. 

4250.  Id.  Destruction  of  books,  etc.,  remaining  after 
trial.  1'pon  the  final  conviction  of  the  accused,  such  attorney 
must  cause  any  writing,  paper,  book,  picture,  print,  or  figure, 
in   respect   whereof  the  accused  stands  convicted,  and    which 


I 


CHAP.   I  XXV      CRIMES   AGAINST  GOOD   MORALS.     303 

remains  in  the  possession  or  under  the  control  of  such  atl 
ney,  to  be  destroyed. 

4251.  Keeping,  residing  in,  resorting  to,  owning  or 
having  control  of  house  of  ill-fame.  1 1  shall  be  unlawful  for 
any  person  within  the  luuiis  of  the  State  of  Utah: 

a.  I'"  keep  a  house  of  ill-fame  resorted  to  for  the  pur- 
of  prostitution  or  lewdness;  or  to  wilfully  reside  in  such 

housi  to  resort  thereto  for  lewdness;  or, 

b.  To  be  the  owner  of  any  building  or  tenement,  the 
whole  or  any  part  of  which  is  used  foi  any  of  the  purposes 
mentioned  in  the  first  subdivision  of  this  section. 

c.  Or  to  have  control  of  such  building  or  tenement  as 
agent,  guardian  or  lessee  of  such  owner;  after  written  m 

uch  owner,  agent,  guardian  or  lessee  that  such  building 
or   tenement   is   l>em  for   the    purposes    mentioned    in 

subdivision  a; 

d.  To  let  any  building  or  tenement,  knowing  that  the 
lessee  intends  using  the  same,  or  any  part  thereof,  for  any 
of  the  purposes  mentioned  in  the  first  subdivision  of  this 
section;  or  to  harbor  or  keep  about  his  or  her  premises  any 
person  known  to  be  guilty  of  following  a  lewd  course  of  life. 

Sec.  2.  Penalty.  \ny  person  violating  any  of  the  pro- 
ns  of  this  Act  shall  be  punished  by  a  term  of  impri 
ment  in  the  county  jail  which  shall  not  be  less  than  three 
months  nor  more  than  one  year.  \ny  corporation  violating 
any  of  the  provisions  of  this  chapter  shall  be  punished  by  a 
fine  which  shall  not  be  less  than  $1,000  nor  more  than 
$10.0 


304  CHAP.  LXXVI.    GAMING. 

CHAPTER  LXXVI. 

GAMING. 

4261.  Gaming  defined.  Seizure  and  destruction  of  de- 
vices, etc.  Every  person  who  deals,  or  carries  on,  opens  or 
causes  to  be  opened,  or  who  conducts,  either  as  owner  or 
employe,  whether  for  hire  or  not,  any  game  of  faro,  monte, 
roulette,  lansquenet,  rouge  et  noir,  rondo,  or  any  game 
played  with  cards,  dice,  or  any  other  device,  for  money, 
checks,  credit,  or  any  other  representative  of  value  shall  be 
deemed  guilty  of  a  felony,  and  it  shall  be  the  duty  of  all 
sheriffs,  constables,  police  and  other  peace  officers  whenever 
it  shall  come  to  the  knowledge  of  such  officer  that  any  person 
has  in  his  possession  any  cards,  tables,  checks,  balls,  wheels, 
slot  machines  or  gambling  devices  of  any  nature  or  kind 
whatsoever  used  or  kept  for  the  purpose  of  playing  for  money 
or  for  token  redeemable  in  money  at  any  of  the  games  men- 
'ioned  in  this  Act,  or  that  any  cards,  tables,  checks,  balls, 
wheels,  slot  machines  or  gambling  devices  used  or  kept  for 
the  purposes  aforesaid  may  be  found  in  any  place,  to  seize 
and  take  such  cards,  tables,  checks,  balls,  wheels,  slot 
machines  or  other  gambling  devices,  and  convey  the  same 
before  a  magistrate  of  the  county  in  which  said  devices 
shall  be  found ;  and  it  shall  be  the  duty  of  such  judge  to 
inquire  of  such  witnesses  as  he  shall  summon  or  as  may 
appear  before  him  in  that  behalf,  touching  the  nature  of  such 
gambling  devices,  and  if  such  judge  shall  determine  that 
the  same  are  used  or  kept  for  the  purpose  of  being  used  at 
any  game  or  games  of  chance  described  in  this  Act,  it  shall 
be  his  duty  to  destroy  the  same. 

4261x.  Offenses  defined.  Any  person  who  engages  in 
pool  selling,  or  book  making,  with  or  without  writing,  at  any 


CHAP.  LXXVI.     GAMING.  305 

time  or  place;  or  an)  person  who  keeps  or  occupies  any  room, 
shed,  tenement,  tent,  booth,  or  building,  floal   or  v< 
any  part   thei  who  occupies  any  place  or  stand  of  any 

kiml   upon   any  public  or  private   grounds   within    tins   Si 
with  boo  >ers,  apparatu  iraphernalia,  For  the  pur- 

pose of  recording,  reporting  or  registering  bets  or  wagers,  or 

selling   pools;   and   any   person    who   records,    reports   or 
ts,  or  wagers,  or  sells  pools,  or  makes  books,  witl 
without  writing,  upon  the  result  of  trial  or  contest  of  skill,  sp 
or  power  of  endurance  of  man  or  beasl  :  or  upon  the  i 

chance,  casualty,  unknown  or  contingenl  event  whatsoever, 
or  any  person  who  receives,  registers,  reports  or  records  or 
forwards  or  purports  or  pretends  to  receive,  register,  rep 
forward,  in  any  manner  whatsoever,  any  money,  thing  or 
sideration  of  value,  bel  or  wagered,  or  offered  for  the  purp 
of  being  bet  or  wagered,  In  or  for  any  other  person,  or  - 

pon  such  result  or  pretend  person  who 

being  the  owner,  lessee  or  occupant  of  any  room,  shed, 

■,   tent,   booth  or  building,    floal  -sel   or  any 

thereof,  or  of  any  grounds  within  this  State,  knowingly 
mits  the  same  to  be  used  or  occupied  fi  ir  any  of  these  purp 
therein    keeps,   exhibits  or  employs   any   device  or   apparatus 
for  the  purpose  of  recording,  reporting,  registering,  transmit- 

.  communicating  or  transferring  such   bets   or   w 
the  selling  of  such  pools,  or  becomes   the   custodian 
holder  or  depositary  r  reward  of  any  money, 

■  value,  staked,  wagered  or  p 
be  wagered  or  pledged  on  any  such  result  :  or  am  who 

or  ,al>ets  in  any  manner  in  any  of  the  said 
which  are  hereby   forbidden,   is   guilty  of  a    felon  v.   and   upon 
conviction,  is  punishable  by  imprisonment   in  rison 

or  by  a  fine  in  any 
by  both  .such  fine  and  impri 
ment. 

4262.     Permitting  gaming  in  house.      Even 

I  in  the  pre- 


306 


CHAP.  LXXVI.     GAMING. 


ceding  section  to  be  played,  conducted  or  dealt  in  an) 
house  owned  or  rented  by  such  person,  in  whole  or  in  part, 
and  any  person  who  plays  at  or  against  any  of  said  prohibited 
games  is  guilt)'  of  a  misdemeanor. 

Approved   March  20th.   1911. 

4263.  Winning  fraudulently  punishable  as  larceny. 
Every  person  who,  by  any  practice,  cheat,  or  device,  or  false 
pretense  whatsoever,  while  playing  at  any  game  of  chance, 
or  while  bearing  any  share  in  wagers  played  for,  or  while 
betting  on  sides  or  hands  of  such  play,  wins  or  acquires  to 
himself  or  another  any  sum  of  money  or  valuable  thing, 
must  be  punished  as  in  case  of  larceny  of  property  of  like 
value. 

4264.  Refusal  to  attend  as  witness  a  misdemeanor. 
Every  person  duly  summoned  as  a  witness  for  the  prosecu- 
tion, on  any  proceedings  had  under  this  chapter,  who 
neglects  or  refuses  to  attend,  as  required,  is  guilty  of  a 
misdemeanor. 

4265.  Witness  not  privileged  from  answering.  No  per- 
son otherwise  competent  as  a  witness  is  disqualified  from 
testifying  as  such  concerning  the  offense  of  gaming  on  the 
ground  that  such  testimony  may  incriminate  himself:  but  no 
prosecution  can  afterwards  be  had  against  him  for  any 
offense  concerning  which  he  is  compelled  to  testify. 


4266.  Officers  must  prosecute.  Penalty.  Every  prose- 
cuting attorney,  sheriff,  constable,  or  police  officer  must 
inform  and  diligently  prosecute  persons  whom  they  have 
reasonable  cause  to  believe  offenders  against  the  provisions 
of  this  chapter,  and  every  such  officer  refusing  or  neglecting 
-i-    to    do    is    gfuilty    of    a    misdemeanor. 


I'    I  XXVII       PUB]  [C    M!   \I/I  II    AND   SAFE  - 


CHAPTER    LXXVII. 


PUBLK     HEALTH     \  \  I  >   SAFE  V\ 


PUBLIC  NUISANCES 


4274.     Befouling  waters.      \n\    person  who  shall   either: 

Is     Construct   or  maintain   any   corral,   sheep  pen,   stahle, 

pen,  chicken-coop,   or  other  offensive   yard   or   outhouse, 

where   the   waste   or   drainage   therefrom    shall    flow    din 

into   the    water  of   any    stream,    well,   or    spring    of   water    used 

for  domestic  put  i  >r. 

2.  Deposit,    pile,    unload,    or    leave    anj     manure 
offensive  rubbish,  or  the  carcass  of  an)    'lead  animal,   where 
the  waste  or  drainage  therefrom   will   flow  directly   into  the 
waters    of   anj    stream,    well,    or    spring   of    water    used    for 
di  imestic  purpi  ises  ;  i  >r, 

3.  Dip  or  wash  sheep  in  any  stream,  or  construct. 
maintain,  or  use  any  pool  or  dipping  vat  for  dipping  or 
washing  sheep  in   such  close  proximity   to  anj    stream   i 

by  the  inhabitants  of  an)   city,  town,  or  village  for  domestic 
purposes  a-  to  make  the  water-  thereof  impure  or  unwh 
le  :  or, 

4.  Construct  or  maintain  any  corral,  yard,  or  val  tu  In- 
used  for  the  purpose  of  shearing  or  dipping  sheep  within 
twelve  miles  of  any  city,  town,  or  village,   where  the  r< 

■  >r  filth  from  said  corral  or  yard  would  naturally  find 
way  into  anj  stream  of  water  used  by  the  inhabitant' 
any  city,  village,  or  town  for  domestic  purpose-:  or. 

5.  Establish  and  maintain  anj  corral,  camp,  or  bedding 
place  for  the  purpose  of  herding,  holding,  or  keeping  anj 
eattle,  horses,  sheep,  or  h..uj-  within  seven  miles  "i  anj    i 

.  or  village,  where  the  refuse  or  filth   from  irral. 

camp,  or  bedding  place  will   naturally   find  its  way   intn  anj 
m  of  water  used  !>\   the  inhabitants  nf  am   citv, 


308     CHAP.   LXXVII.     PUBLIC   HEALTH   AND   SAFETY. 

village  for  domestic  purposes,  shall  be  guilty  of  a  mis- 
demeanor. 

4275.  Id.  Public  nuisance  defined.  A  public  nuisance 
is  a  crime  against  the  order  and  economy  of  the  state,  and 
consists  in  unlawfully  doing  any  act,  or  omitting  to  perform 
any  duty,  which  act  or  omission  either: 

1.  Annoys,  injures,  or  endangers  the  comfort,  repose, 
health,  or  safety  of  three  or  more  persons :  or 

2.  Offends  public  decency ;  or 

3.  Unlawfully  interferes  with,  obstructs,  or  tends  to 
obstruct,  or  renders  dangerous  for  passage  any  lake,  stream, 
canal,  basin,  or  any  public  park,  square,  street,  or  highway: 
or 

4.  In  any  way  renders  three  or  more  persons  insecure 
in   life   or   the   use   of  property. 

4276.  Id.  Unequal  effects  not  material.  An  act  which 
affects  three  or  more  persons  in  either  of  the  ways  specified 
in  the  next  preceding  section  is  not  less  a  nuisance  because 
the  extent  of  the  annoyance  or  damage  inflicted  on  individ- 
uals is  unequal. 

4277.  Maintaining  nuisance  or  failing  to  perform  duty. 

Every  person  who  maintains  or  commits  an}'  public  nuisance, 
the  punishment  for  which  is  not  otherwise  prescribed,  or 
who  wilfully  omits  to  perform  any  legal  duty  relating  to  the 
removal  of  a  public  nuisance,  is  guilty  of  a  misdemeanor. 

4278.  Maintaining  pesthouse,  etc.,  at  or  near  city  or 
town.  Every  person  who  establishes  or  keeps,  or  causes  to 
be  established  or  kept,  within  the  limits  of  any  city,  town, 
or  village,  any  pesthouse,  hospital,  or  place  for  persons 
affected   with   smallpox,   is   guilty   of   a   misdemeanor. 

4279.  Placing  dead  animals  in  street  or  stream.  Burn- 
ing carcass.     Every  person  who  puts  the  carcass  of  any  dead 


CHAP.    LXXVII.     PUBLIC    HEALTH    AND   SAFETY 

animal,  or  the  offal  from  any  slaughter  pen,  corral,  or 
butcher  shop  into  any  river,  creek,  pond,  street,  alley,  public 
highway,  or  road  in  common  use,  or  who  attempts  to  destroy 
the  same  by  fire,  within  one  fourth  of  a  mile  of  any  city, 
town,  or  village,  is  guilty  of  a  misdemeanor. 

4279x1.  Unlawful  use  with  intent  to  destroy,  etc. 
Penalty.  Destruction  of  property.  Penalty.  Every  person 
who  shall  place  gunpowder,  or  any  other  explosive  sub- 
stance in.  upon,  under  against,  or  near  to  any  building,  ear. 
>r  structure  with  intent  to  destroy,  throw  down 
■  •r  injure  the  whole  or  any  part  thereof,  under  such  circum- 
stances that  if  the  intent  should  be  accomplished  human 
life  or  safety  would  therebj  be  endangered,  although  no 
dama  ctually  done,  shall  be  guilty  my. 

>n    who   shall   unlawfully  and  maliciously,  by 
explosion     of     gunpowder     i  r     explosive     substance, 

destroy,  throw  down  or  injure  the  whole  or  any  part  of  an) 
building,  ear.   vessel,  or  other  structure,   shall   be  guilty 
and   be  punished   as   f<  ill<  iws  : 

1.  If  the  li1  i  human  being  is  endangered, 
by    imprisonment    in    th(  prison    for    not     more    than 

ears. 

2.  In    i  ther   case,    by    imprisonment    in    the    state 
prison    for    not    more    than    ten    years. 

Approved  March  9th.  1911. 

4280.     Keeping    explosives    in    city,    etc 
who    makes    or   keeps    gunpowder,    nitro-glycerine,    or    other 
highly  explosive  substance  within  any  city,  town,  or  vill 

ho  carries  the  same  through  the  streets  thereof,  in  any 

quantity  or  manner  such   as  is  prohibited  by  law  or  by  any 
nance  of  such  city  or  town,  is  guilty  of  a  misdemeanor. 

4280x.     Delivering    dangerous    explosives    unmarked    for 
storage     or     transportation.       Penalty.       Every 


310     CHAP.    LXXVII.      PUBLIC    HEALTH    AND   SAFETY. 

knowingly    leaves    with    or    delivers    to    another,    or    to    any 

express  or  railway  company,  or  other  common  carrier,  or 
to  any  warehouse  or  storehouse  any  package  containing 
nitro-glycerine,  dynamite,  guncotton,  gunpowder,  or  other 
highly  explosive  compound,  or  any  benzine,  gasoline,  phos- 
phorous, or  other  highly  inflammable  substance,  or  any 
vitriol,  sulphuric,  nitric,  carbolic,  muriatic,  or  other  danger- 
ous  acid,  chemical,  or  compound,  to  be  handled,  stored, 
shipped  or  transported,  without  plainly  marking  and  indi- 
cating on  such  package  the  name  and  nature  of  the  contents 
thereof,  is  guilty  of  a  misdemeanor,  and  punishable  by  a 
fine  not  exceeding  $300,  or  by  imprisonment  in  the  county 
jail    not    exceeding   six    months. 

4280x1.  Powder-house,  etc.,  near  residence  or  road.  \'o 
powder-house,  magazine,  or  building  in  which  powder,  dyna- 
mite, or  other  explosive  is  kept  in  quantities  exceeding  500 
pounds  shall  hereafter  be  built  or  constructed  or  used  within 
a  distance  of  300  feet  of  any  residence  or  traveled  county 
road  in  this  state;  provided,  that  the  foregoing  provisions 
shall  not  apply  to  any  magazine  maintained  at  any  mine  or 
stone  quarry. 

4280x2.  Id.  Violation  a  misdemeanor.  Any  person  vio- 
lating any  of  the  provisions  of  §  4280x1  shall  be  deemed 
guilty   of  a   misdemeanbr. 

4280x3.  Explosives  to  be  marked  with  maker's  name, 
date,  and  percentage.  It  shall  be  unlawful,  after  the  1st 
day  of  January,  A.  1).  10(14,  for  any  person  or  persons, 
partnership,  or  corporation  to  sell  or  offer  for  sale,  or  take 
or  solicit  orders  of  sale,  or  purchase  or  use.  or  have  on 
hand  or  in  store  for  the  purpose  of  sale  or  use  in  this  state 
any  ^iant,  hercules,  atlas,  venture,  or  any  other  high 
explosive  containing  nitro-glycerine,  unless  on  each  and 
every  box  or  package  and  wrapper  containing  any  such 
giant,  hercules,  atlas  or  venture,  or  an}   other  high  explosive 


VP    I  XXVII.     PUB]  [(  I    AND   SAFE!  \       311 

containing   nitro-glycerine,  there  shall   be  plainly  ■  :  .>r 

printed    the   name   and    place    of    business    of    the    persoi 

nership  or  corporation  bj  whom  or  which  the  same  was 
manufactured,  and  the  exacl  and  true  date  of  its  manufacture, 
and  the  percentage  of  nitro-glycerine  or  other  high  explosive 
contained   therein. 

4280x4.     Explosives     of    different    dates    kept    separate. 
Boxes,  etc.     Restrictions.      It    shall   be   unlawful   for  an)    per- 
son or  persons,  partnership,  01    corporation   to  have   two  or 
more  different  dates  in  an)    such  box  or  package  contaii 
giant,  hercules,  atlas,  or  venture,  or  any  other  high  explo 
containing   nitro-glycerine.      It    shall    further   be   unlawful    to 
use  any  box,  package,  or  wrapper  formerly  used  by  an)   other 
person  or  persons,  partnership,  '>r  corporation  in  the  packing 
of    Mich    giant,    hercules,    atlas,    venture,    or    other    high 
plosive  containing  nitro-glycerine,  and  the  name  and  date  on 
such   1">.\   or  package   shall    be   the   same  as  on    the   wrapper 
containing    such    giant,    hercules,    atlas,    venture,    or    0 
explosive  containing  nitro-glycerine. 

4280x5  Id.  Violation  a  felony,  [f  an\  person  or  per- 
sons, partnership,  or  corporations  shall  violate  an)  of  the 
provisions  of  §§  4280x3,  4280x4,  such  person  or  persons,  the 
members  of  such  partnership,  or  the  officer  or  agents  ol 
such  corporations  shall  be  deemed  guilt)  of  a  felony,  and  <>n 
conviction  thereof  shall  be  punished  l>\  a  fine  of  not  more 
than  $5,000,  or  imprisonment  not  to  exceed  t\\"  years,  or  by 
both  such   fine  and   imprisonment. 


I'<  lY    PIST<  iLS 


4281.     Selling  or  giving  away  toy  pistols.       \u\    om 
ing  or  giving  a   toy  pistol   to  any   person   in   this  st 
uilty   of  a   misdemeanor. 


312     CHAP.    LXXVII.     PUBLIC    HEALTH    AND   SAFETY. 


MISLABELING  OR  SUBSTITUTING  DRUGS. 

4282.  Omitting  to  label  or  mislabeling  drugs.  Pre- 
scriptions. Every  apothecary,  druggist  or  person  carrying 
on  business  as  a  dealer  in  drugs  or  medicines,  or  person 
employed  as  clerk  or  salesman  by  such  person,  who,  in 
putting  up  drugs  or  medicines,  or  making  up  any  prescription, 
or  filling  any  order  for  drugs  or  medicines,  wilfully,  negli- 
gently, or  ignorantly  omits  to  label  the  same,  or  puts  an 
untrue  label,  stamp  or  other  designation  of  contents,  upon 
any  box,  bottle  or  other  package  containing  any  drug  or 
medicines,  or  substitute  a  different  article  for  any  article 
prescribed  or  ordered,  or  puts  up  a  greater  or  less  quantity 
of  any  article  than  that  prescribed  or  ordered,  or  otherwise 
deviates  from  the  terms  of  the  prescription  or  order  which 
he  undertakes  to  follow,  in  consequence  of  which  human 
life  or  health  is  endangered,  is  guilty  of  a  misdemeanor,  or, 
if  death  ensues,  is  guilty  of  a  felony. 


ADULTERATION   OF   OILS,    ETC. 

4290x.     Standard  of  oils  to  be  maintained.     Penalty.     It 

shall  be  unlawful  for  any  person,  firm,  or  corporation  to 
mix,  adulterate,  sell,  or  offer  for  sale  any  oils  used  for 
illuminating  purposes,  with  benzine,  naphtha,  gasoline,  or 
anv  other  substance,  and  all  oils  or  fluids  manufactured 
from  petroleum  or  its  products,  to  be  used  for  illuminating 
purposes,  which  will  not  stand  a  fire  test  of  110  degrees 
Fahrenheit,  before  they  shall  flash  or  emit  any  inflammable 
vapor :  provided,  that  in  making  such  test  the  oil  shall  not 
be  heated  faster  than  two  degrees  per  minute,  in  open 
Tagliabue  cup.  Any  person,  firm,  or  corporation  found 
guilty  of  violating  any  of  the  provisions  of  this  section  shall 
be  deemed   guilty  of  a  misdemeanor. 


CHAP    I  XXVII.     PUBLIC    HEALTH    AND  SAFETY 
NEGLIGENCE,  ETC.,  OF  RAM. ROAD  EMPLi  >'- 

4291.  Omitting  to  ring  locomotive  bell  or  sound 
whistle.  Every  person  in  charge  of  a  locomotive  engine,  who, 
before  crossing  an\    traveled   street,  road,  or  highway,  omits 

ause  a   bell   to   ring  or  steam   whistle   to  sound   at   the 
distance  of  at  least  eighty  rods  from  the  crossing  and   u| 
h,   is   guilty  of  a   misdemeanor. 

4292.  Intoxication  of  engineers,  conductors,  operators, 
etc.  Every  person  who  is  intoxicated  while  in  charge  of  a 
locomotive  engine,  or  while  acting  as  conductor  or  driver 
upon  any  railroad  train  or  car,  or  as  motorman  or  as  con- 
ductor   of    any    street    car,    whether    propelled    by    steam    or 

tricity,  or  drawn  by  horses  or  otherwise,  or  while  acting 
•.mi   dispatcher  or  as   telegraph   operator,   and   receiving 
transmitting  dispatches   in    relation    to   the   movement   of 
trains,  is  guilty  of  a  misdemeanor. 

4293.  Placing  freight  car  in   rear  of  train.      Ever) 
son    who,    in    making   up   or   running    railroad    trains,    pi; 

or  runs,  or  causes  to  be  placed   or   run,  any    freight    car   in 
the  rear  of  passenger  cars  is  guilty  of  a  misdemeanor,  and. 
if  loss  of  life  or  limb  results  from   such  placing  or  running, 
:    felony.      The    term    "freight    car."  )    in 

this  section,  does  not  include  a  bi  .  or  mail 

4294.  Violation    of    duty    by    railroad    employe. 
engineer,  conductor,  brakeman,  switchtender,  or  other  officer, 
agenl  ervant   of   any   railroad    company   who   is   guilty 
of    any    wilful    violation    or    omis  his    duty    as    such 
officer,    .                         want,    wherein-    human    life 

red,  the  punishment  of  which   is  not   otl 
scril"  nor. 


314      CHAP.    LXXVII.     PUBLIC    HEALTH    AND   SAFETY. 
EXPOSING    PUBLIC    TO    CONTAGION. 

4295.  Exposing  public  to  contagion.     Every  person  who 

wilfully  exposes  himself  or  another  afflicted  with  any  con- 
tagious or  infectious  disease  in  any  public  place  or  thorough- 
fare, except  in  his  necessary  removal  in  a  manner  the  least 
dangerous  to  the  public  health,  is  guilty  of  a  misdemeanor. 

RACING    ON    HIGHWAYS.    ETC. 

4296.  Fast  riding  or  driving  on  highways,  etc.  Every 
person  operating,  running,  managing,  controlling,  or  driving 
any  vehicle,  conveyance,  or  car  over  or  upon  any  public 
road,  street,  public  square,  or  school  ground,  who  wilfully 
causes  or  permits  such  vehicle,  conveyance,  or  car  to  run 
at  a  speed  sufficient  to  endanger  human  life  or  bodily  safety. 
or  to  cause  the  destruction  of  property,  or  causes  or  permit- 
such  vehicle,  conveyance,  or  car  to  run  at  a  dangerous  speed 
in  attempting  to  pass  another  vehicle,  conveyance,  or  car.  or 
to  prevent  such  other  vehicle,  conveyance,  or  car  from  pass- 
ing his  own  ;  and  any  person  who  rides  or  drives  any  animal 
or  animals  over  or  upon  any  public  road,  street,  highway, 
public  square,  or  school  ground  at  a  speed  sufficient  to 
endanger  human  life  or  bodily  safety,  or  to  cause  the 
destruction  of  property,  shall  be  deemed  guilty  of  a  mis- 
demeanor. 

DEATH  BY  VICIOUS  ANIMAL, 

4297.  Mischievous  animal  causing  death.  Owner's  lia- 
bility. If  the  owner  of  a  mischievous  animal,  knowing  its 
propensities,  wilfully  suffers  it  to  go  at  large,  or  keeps  it 
without  ordinarv  care,  and  such  animals,  while  si  >  at  large, 
or  while  not  kept  with  ordinary  care,  kills  any  human  being 
who  has  taken  all  the  precaution  which  the  circumstances 
permitted,  or  which  a  reasonable  person  would  ordinarily 
take  in   the  same  situation,  such  owner  is  guilty  of  a   felonv. 


(  HAP.    i  XX\  M       PUB]  [(     ill   \l.i  ll    AND   S\i  I   I  \       315 
Dl  ll  >RS   I  >l     PUBLIC    BUILDINGS. 

4299x.     Doors   to   swing   oulward.     All    public    build 
now    in  process  of  construction,  or  hereafter   to  be  l>uih   or 
constructed,  which  may  or  shall  be  used  for  churches,  schi 
houses,    operas,    theatres,     lecture  rooms,     public     meetii 
town    halls,   or    which    may    be    or    shall    be    used    for    anj 
purpose   whereby   a  collection   of   people   may   be  assembled 

ther    for   religious    worship,   amusement,    instruction, 
other    purpose,    shall    be   so    built    ami    constructed    thai    all 
doors    leading    From    the    mam    hall,    or    place    when 

ection  of  people  may  be  assembled,  or  from  the  principal 
room,  which  may  be  used  for  any  of  the  purposes  aforesaid, 
shall  be  Si'  swung  upon  their  hinges  and  constructed  that 
the}  shall  open  outward,  and  thai  all  means  of  egress  for 
the  public  from  the  main  hall  or  principal  room  and  from 
the  buildings,  shall  be  l>>  mean'-  of  doors  which  shall  open 
outward   from   the   main   hall   or  building. 

4299x1.     Id.     Doors  to  be  changed.     All  public  buildings 
now  built  and   used  for  any  purposes  mentioned  in   §   42 
shall,  within  one  year  from  the  lsl  day  of  July.    \.  D.   1 
be  so   changed   that    their   doors   and    mean-   of   egress    shall 
be  in  conformity  with   the  provisions  of   §   4299x. 


,U6  CHAP.   LXXVIII.    CRIMES  AGAINST  PUBLIC   PEACE. 

CHAPTER   LXXVIII. 

CRIMES  AGAINST   PUBLIC    PEACE. 

4300.  Disturbing  meetings.  Every  person  who,  without 
authority  of  law,  wilfully  disturbs  or  breaks  up  any  assembly 
or  meeting,  not  unlawful  in  its  character,  is  guilty  of  a 
misdemeanor. 

4301.  Riot  defined.  Any  use  of  force  or  violence,  dis- 
turbing the  public  peace,  or  any  threat  to  use  such  force  or 
violence,  if  accompanied  by  immediate  power  of  execution,  by 
two  or  more  persons  acting  together  and  without  authority 
of  law,   is   a   riot. 

4302.  Id.  Penalty.  Every  person  who  participates  in 
any  riot  is  punishable  by  imprisonment  in  the  state  prison 
not  exceeding  two  years,  or  by  fine  not  exceeding  $1,(300,  or 
by  both. 

4303.  Rout  defined.  Whenever  two  or  mure  persons, 
assembled  and  acting  together,  make  any  attempt  or  advance 
towards  the  commission  of  an  act  which  would  be  a  riot  if 
actually   committed,   such   assembly   is   a   rout. 

4304.  Unlawful  assembly  defined.  Whenever  two  or 
more  persons  assemble  together  to  do  an  unlawful  act,  and 
separate  without  doing  or  advancing  toward  it,  or  do  a  law- 
ful act  in  a  violent,  boisterous,  or  tumultuous  manner, 
such  assembly  is  an   unlawful   assembly. 

4305.  Penalty  for  rout  or  unlawful  assembly.  Every 
person  who  participates  in  any  rout  or  unlawful  assembly  is 
guilty   of   a   misdemeanor. 


U\    LXXVIII.    CRIMES  AGAINST  PUBLIC  PEACE  317 

4306.  Remaining  at  riot  after  warning  to  disperse. 
Every  person  remaining  present  al  the  place  of  any  riot, 
rout,  or  unlawful  assembly,  after  the  same  has  been  lawfully 
warned  to  disperse,  except  public  officers  and  persons  as 

ing  them  in  attempting  to  disperse  the  same,  is  guilty 
misdemeanor. 

4307.  Officers  neglecting  to  suppress  riotous  assembly. 
If  a  magistrate  or  officer,  having  notice  of  an  unlawful  or 
riotous  assembly  mentioned  in  this  chapter,  neglects  to  pro- 
ceed to  the  place  of  assembly,  or  as  near  thereto  as  he 
can  with  safety,  and  to  exercise  the  authority  with  which 
he  is  invested  for  suppressing  the  same  and  arresting  the 
offenders,  he  is  guilty  of  a  misdemeanor. 

4308.  Prize    fighting.     Ever}     p  who    engages    in, 
instigates,  encourages,  or  promotes  any   ring  or  prize  fight, 
or  any  other  premeditated  fight  or  contention,  without  <1< 
weapons,  either  as  principal,  aid,  second,  umpire,  surgeon,  or 
otherwise,     is    punishable    by     imprisonment     in     the 

ding    two   \  ears. 

4309.  Id.     Witnessing.     Everj    person    wilfully    pr< 

as    a    -pectator    at    any    fighl    or    contention    mentioned    in 
the   next    preceding  section   is   guilty   of  a   misdemeanor. 

4310.  Disturbing  the  peace.   Penalty.     Ever)   person  who 
maliciously  and   wilfully  disturbs  the  peace  or  quiet   oi   any 
neighborhood,  family,  or  person,  by  loud  or  unusual  noise,  or 
by  discharging  firearms,  or  by  tumultuous  or  offensive 
duct.  .T  by  threatening,  traducing,  quarreling,  challen 

fight  iting,  i>  punishable  by  a  fine  not  exceeding  - 

or    by    imprisonment    in    the    county    jail    not    ex<  ■  two 

ths,  or  by  both  such  fine  and  imprisonmi 

Approved  March  3,  1913. 
ai 


318  CHAP.  LXXVIII.    CRIMES  AGAINST  PUBLIC  PEACE. 

4311.  Unlawful  assembly  refusing  to  disperse.  If  two 
or  more  persons  assemble  for  the  purpose  of  disturbing  the 
public  peace  or  committing  any  unlawful  act,  and  do  not 
disperse  on  being  desired  or  commanded  so  to  do  by  a  public 
officer,  the  persons  so  offending  are  severally  guilty  of  a 
misdemeanor. 

4312.  Exhibiting  deadly  weapon.  Every  person  who. 
not  in  necessary  self  defense,  in  the  presence  of  two  or 
more  persons,  draws  or  exhibits  any  deadly  weapon  in  an 
angry  and  threatening  manner,  or  who.  in  any  manner, 
unlawfully  uses  the  same  in  any  fight  or  quarrel,  is  guilty 
of  a   misdemeanor. 


CHAP.    l.XXIX      CRIMES   AGAINST   PUBLIC   PROPERTY.  319 

CHAPTER  LXXIX. 
CRIMES    AGAINST    PUBLIC    PROPERTY 

4315.  Misusing  public  money  or  falsifying  public  ac- 
counts. Every  officer  of  this  state,  or  of  any  county,  city, 
town,  precinct,  or  district  of  this  state,  and  every  other  per- 
son charged  with  the  receipt,  >afe  keeping,  transfer,  or  dis- 
bursement of  public  money,  who  either: 

1.  Without  authority  of  law  appropriates  the  same 
or  any  portion  thereof  to  his  own  use.  or  to  the  use  of 
another;   or, 

2.  I. nans  the  same  or  any  portion  thereof  without 
authority  of  law;  or, 

3.  Fails  to  keep  the  same  in  his  possession  until 
disbursed  or  paid  out  by  authority  of  law;  or, 

4.  Unlawfully  deposits  the  same  or  any  portion  thereof 
in  any  bank,  or  with  any  banker  or  other  person;  or, 

5.  Knowingly  keeps  any  false  account,  or  makes  any 
false  entry  or  erasure  in  any  account  of  or  relating  to  the 
same ;  or, 

6.  Fraudulently  alters,  falsifies,  conceals,  destroys,  or 
obliterates  any  such  account ;  or, 

7.  Wilfully   refuses   or  omits   to   pay  over,   on    demand, 
any  public  moneys  in  his  hands,  upon  the  presentation 
draft,  order,  or   warrant    drawn   upon    such   moneys   by   com- 
petent   authority :   or, 

8.  Wilfully  omit-  to  transfer  the  same,  when  such 
transfer  is  required  by  law;  or, 

9.  Wilfully  omits  or  refuses  to  pay  over,  to  any 
officer  or  person  authorized  by  law  to  receive  the  same,  any 
money  received  by  him  under  any  duty  imposed  by  la  a 

pay   over   the   same,   is   guilty   of  a  felony. 


320  CHAP.   LXXIX.     CRIMES  AGAINST  PUBLIC   PROPERTY. 

4316.  Failure  to  keep  and  pay  over  public  money.  Every 
officer  charged  with  the  receipt,  safe  keeping,  or  disbursement 
of  public  money  who  neglects  or  fails  to  keep  and  pay 
over  the  same,  in  the  manner  prescribed  by  law,  is  guilty 
of  a  felony. 

4317.  Making  profit  out  of  public  money,  etc.  The 
making  of  profit  out  of  public  money,  or  using  the  same  for 
any  purpose  not  authorized  by  law,  by  any  public  officer, 
shall  be  deemed  a  felony,  and,  upon  conviction  thereof,  any 
such  officer,  in  addition  to  the  punishment  provided  by 
law,    shall    be    disqualified    to    hold    public    office. 

4318.  "Public  money"  defined.  The  phrase  "public 
money,"  as  used  in  the  three  preceding  sections,  includes  all 
bonds  and  evidences  of  indebtedness  and  all  money  belong- 
ing to  the  state,  or  to  any  town,  city,  county,  precinct,  or 
district  therein,  and  all  money,  bonds,  and  evidences  of 
indebtedness  received  or  held  by  state,  county,  district, 
city,  town,  or  precinct  officers  in  their  official  capacity. 

4319.  Failing  to  pay  over  fines  or  fees.  If  any  public 
officer  who  receives  any  fine,  forfeiture,  or  fee  refuses  or 
neglects  to  pay  over  the  same  within  the  time  prescribed  by 
law,  he   is  guilty  of  a   misdemeanor. 

4320.  Obstructing  collection  of  revenue.  Every  person 
who  wilfully  obstructs  or  hinders  any  public  officer  from 
collecting  any  revenue,  taxes,  or  other  sums  of  money  in 
which  the  people  of  this  state  are  interested,  and  which 
such  officer  is  by  law  empowered  to  collect,  is  guilty  of 
a   misdemeanor. 

4321.  Refusing  list  or  giving  false  information  to 
assessor.  Every  person  who  unlawfully  refuses,  upon  de- 
mand, to  give  to  any  district  or  county  assessor  a  list  of  his 
property    subject    to    taxation,   or   to    swear    to    such    list,    or 


CHAP.   LXXIX.     CRIMES  AGAINST    PUBLIC    PROPERTY 

who  gives  a  false  name,  or  fraudulently   refuses   to  give   Ins 
true  name  to  any  assessor,  when  demanded  by   such  ass< 
in    the   discharge   of   his   official    duties,   is   guilty   of   a   mis- 
demeanor. 

4322.  Using  false  tax  or  license  receipt.  Failing  to 
give  receipt.  Every  person  who  uses  or  gives  any  receipt 
except  that  prescribed  by  law,  as  evidence  of  the  payment 
of  any  poll  tax,  road  tax,  or  license  of  any  kind,  or  who 
receives  payment  of  such  tax  or  license  without  delivering 
the  receipt  prescribed  by  law,  is  guilty  of  a  misdemeanor. 

4323.  Refusing  names  of  employes  to  tax  collector,  etc. 
Every  person  who,  when  requested  by  the  assessor  or  col- 
lector of  taxes  or  licenses,  refuses  to  give  to  such  assessor 
or  collector  the  name  and  residence  of  each  man  in  his 
employment,  or  to  give  such  assessor  or  collector  access  to 
the  building  or  place  where  such  men  are  employed,  is 
guilty   of   a    misdemeanor. 

4324.  Doing  business  without  license.  Every  person 
who  commences  or  carries  on  any  business,  trade,  profession, 
or  calling,  for  the  transaction  or  carrying  on  of  which  a 
license  is  required  by  any  law  of  this  state,  or  by  any  county, 
city  or  town  regulation,  without  taking  out  the  license 
required  by  law  or  by  the  county  regulation,  is  guilty  of 
a  misdemeanor. 

4325.  Officer  discounting  warrants.  No  state,  county, 
city,  town,  or  district  officer  shall,  either  directly  or  in- 
directly, contract  for  or  purchase  any  warrant  or  order  issued 
by  the  state,  county,  city,  town,  or  district  of  which  he  is 
an  officer,  at  any  discount  whatever  upon  the  sum  due  on 
such  warrant  or  order,  and  if  any  state,  county,  city,  town,  or 
district  officer  shall  so  contract  for  or  purchase  any  such 
order  or  warrant,  he  shall  be  guilty  of  a  misdemeanor. 


322  CHAP.  LXXX.     EMBEZZLEMENT. 

CHAPTER  LXXX. 

EMBEZZLEMENT. 

4345.  Counterfeiting  seal.  Every  person  who.  with 
intent  to  defraud  another,  forges  or  counterfeits  the  seal 
of  this  state,  the  seal  of  any  public  officer  authorized  by  law, 
the  seal  of  any  court  of  record,  or  the  seal  of  any  cor- 
poration, or  any  other  public  seal  authorized  or  recognized 
by  the  laws  of  this  state  or  of  any  state,  government,  or 
country,  or  who  falsely  makes,  forges,  or  counterfeits  any 
impression  purporting  to  be  an  impression  of  any  such 
seal,  or  who  has  in  his  possession  any  such  counterfeited 
seal  or  impression  thereof,  knowing  it  to  be  counterfeited, 
and  wilfully  conceals  the  same,  is  guilty  of  forgery. 

4374.  Embezzlement  defined.  Embezzlement  is  the 
fraudulent  appropriation  of  property  by  a  person  to  whom 
it  has  been  intrusted. 

4375.  Id.  By  officer,  agent,  etc.  Every  officer,  director, 
trustee,  clerk,  servant,  or  agent  of  any  association,  society, 
or  corporation,  public  or  private,  who  fraudulently  appro- 
priates, to  any  use  or  purpose  not  in  the  due  and  lawful 
execution  of  his  trust,  any  property  which  he  has  in  his 
possession  or  under  his  control  by  virtue  of  his  trust,  or 
secretes  the  same,  with  a  fraudulent  intent  to  appropriate 
it  to  such  use  or  purpose,  is  guilty  of  embezzlement. 


CHAP.    LXXX1.      PRELIMINARY    PROVISIONS.  323 


CODE  OF  CRIMINAL  PROCEDURE. 


CHAPTER  LXXXI. 
PRELIMIN  \UY    PR<  IVISK  INS. 

4506.  Name  of  title.     This  title  shall  be  known  as  the 
<  if  Criminal  1  'n  icedure. 

4507.  Criminal  procedure  shall  be  as  herein  prescribed. 
The  procedure  in  criminal   cases  in   the  courts  of  this 
shall  be  as  prescribed  in  this  code. 

4508.  Legal   conviction   must   precede    punishment.     No 
person   shall   be  punished  ior  a  public  offense,  except   upon 

a  in  a  court  having  jurisdiction  therei 

4509.  Prosecution  by  information  or  indictment.  Other 
prosecutions.  Every  public  offense  must  be  prosecuted  by 
information  after  examination  and  commitmenl  by  a  magis- 
trate, unless  the  examination  be  waived  by  the  acci 
with  the  consent  of  the  state,  or  by  indictment,  with  or 
without    such   examination  and  commitmi 

1.  Where  proceedings  shall  be  had  for  the 
a  civil  officer  of  the  state,  of  a  political  subdivis 
of  a  municipality,  or  of  a  school  districl  ; 

2.  •  -   arising  in   the  militia   when  in  actual    - 
and  in  the  land  and  naval  forces  in  time  of  war  or  public 

danger,  or   which   the   state   may  keep,    with   th< 
— .  in  tin  i 

3.  Offenses  triable  in  justices'  and  police 

4510.  Criminal    action    defined.  by 
which    a                                 I    with    a    publii 


324        CHAP.    LXXXI.      PRELIMINARY    PROVISIONS. 

and  brought  to  trial  and  punishment  is  known  as  a  criminal 
action. 

4511.  Prosecutions  to  be  in  the  name  of  the  state.  A 
criminal  action  shall  be  prosecuted  in  the  name  of  the  state 
of  Utah,  as  a  party,  against  the  person  charged  with  the 
offense. 

4512.  Party  prosecuted  known  as  defendant.  The  party 
prosecuted  in  a  criminal  action  is  designated  in  this  code  as 
the  defendant. 

4513.  Rights  of  the  defendant.  In  criminal  prosecu- 
tions, the  defendant  shall  be  entitled: 

1.  To  appear  and  defend  in  person  and  by  counsel; 

2.  To  demand  the  nature  and  cause  of  the  accusation 
against  him,  and  to  have  a  copy  thereof; 

3.  To  testify  in  his  own  behalf; 

4:  To  be  confronted  by  the  witness  against  him,  except 
that  where  the  charge  has  been  preliminarily  examined  before 
a  committing  magistrate  and  the  testimony  taken  down  by 
question  and  answer,  in  the  presence  of  the  defendant,  who 
has,  either  in  person  or  by  counsel,  cross-examined,  or  has 
had  an  opportunity  to  cross-examine,  the  witness,  or  where 
the  testimony  of  a  witness  on  the  part  of  the  state,  who  is 
unable  to  give  security  for  his  appearance,  has  been  taken 
conditionally  in  like  manner  in  the  presence  of  the  defend- 
ant, who  has,  either  in  person  or  by  counsel,  cross-examined, 
or  has  had  an  opportunity  to  cross-examine,  the  witness, 
the  deposition  of  such  witness  may  be  read,  upon  it  being 
satisfactorily  shown  to  the  court  that  he  is  dead  or  insane, 
or  cannot,  with  clue  diligence,  be  found  within  the  state: 

5.  To  have  compulsory  process  to  compel  the  attend- 
ance of  witnesses  in  his  own  behalf; 

6.  To  have  a  speedy  public  trial  by  an  impartial  jury 
of  the  county  or  district  in  which  the  offense  is  alleged  to 
have  been  committed; 

7.  To  have  right  of  appeal  in  all  cases. 


CHAP.    LXXXI.      PRELIMINARY    PROVISIONS. 

4514.  Defendant  not  compelled  to  advance  fees.      In  no 
nice  shall  any  accused  person,  before  final  judgment, 

compelled    to   advance   money   or   fees   to   secure   the   rij 
herein  guaranteed. 

4515.  Defendant  need  not  testify.  Husband  or  wife 
as  witness.  Twice  in  jeopardy.  The  accused  shall  not  be 
compelled  to  give  evidence  against  himself;  a  wife  shall 
not  be  compelled  to  testify  against  her  husband,  nor  a  hus- 
band against  his  wife,  nor  shall  any  person  be  twice  put  in 
jeopardy  for  the  same  offense. 

4516.  No  person  convicted  except  on  verdict  or  judg- 
ment. No  person  shall  be  convicted  of  a  public  offense 
unless  by  the  verdict  of  a  jury,  accepted  and  recorded  by 
the  court,  or  upon  a  plea  of  guilty,  or  upon  a  judgment 
against  him  upon  a  demurrer  when  he  refuses  plead,  or 
upon  a  judgment  of  a  court  for  a  public  offense  nol  amount- 
ing to  Felony,  a  jury  having  been  waived. 


326        CHAP.  LXXXII.    INTERVENTION  OF  OFFICERS. 


CHAPTER  LXXXII. 

INTERVENTION  OF  OFFICERS. 

4520.  Officers  may  prevent  public  offenses,  how.  Pub- 
lic offenses  may  be  prevented  by  the  intervention  of  the 
officers  of  justice : 

1.  By  requiring  security  to  keep  the  peace; 

2.  By  forming  a  police  in  cities,  towns,  or  counties, 
and  by  requiring  their  attendance  in  exposed  places: 

3.  By  suppressing  riots. 

4521.  When  persons  justified  in  assisting  officers. 
When  the  officers  of  justice  are  authorized  to  act  in  the 
prevention  of  public  offenses,  other  persons  who,  by  their 
command,  act  in  their  aid,  are  justified  in  so  doing. 

4539.  Police  governed  by  special  statutes.  The  organ- 
ization and  regulation  of  the  police  in  the  cities,  towns,  and 
counties  of  this  state  are  governed  by  special   statutes. 

4540.  Ordering  police  to  preserve  peace  at  public  meet- 
ing. The  mayor  or  other  officer  having  the  direction  of  the 
police  of  a  city,  town,  or  county  must  order  a  sufficient 
force  to  preserve  the  peace  to  attend  any  public  meeting, 
when  he  is  satisfied  that  a  breach  of  the  peace  is  reasonably 
apprehended. 


4541.  Officer  may  command  assistance  to  execute 
process.  When  a  sheriff  or  other  public  officer  authorized 
to  execute  process  finds,  or  lias  reason  to  apprehend,  that 
resistance  will  be  made  to  the  execution  of  the  process,  he 
may  command  as  many  male  inhabitants  of  his  county  as 
he     may    think    proper    to    assist     him     in    overcoming    the 


CHAP.   LXXXII.     INTERVENTION   OF  OFFICERS.       327 

resistance,  and,   if  necessary,   in    seizing,  arresting,  and 
fining  the  persons  resisting  and  their  aiders  and  abetl 

4542.  Persons  resisting  process  to  be  reported  to  the 
court  The  officer  must  certify  to  the  court  from  which  the 
process  issued  the  names  of  the  persons  resisting,  and  their 
aiders  and  abettors,  to  the  end  that  they  may  b  eded 
against  for  their  contempt  of  court. 

4543.  Officer  to  command  rioters  to  disperse.  When 
a  number  of  persons,  whether  armed  or  not,  arc  unlawfully 
or  riotously  assembled,  the  sheriff  of  the  count}  and  his 
deputies,  the  officials  governing  the  precinct  or  city,  or  the 
justices  of  the  peace  and  constables  thereof,  or  any  of  them, 
must  go  among  the  persons  assembled,  or  as   near   to   them 

possible,  and   command   them,   in   the  name  of   the   state, 
immediately  to  disperse. 

4544.  Id.  Arrest  on  refusal  to  disperse.  If  the  per- 
sons assembled  do  not  immediately  disperse,  such  magis- 
trates and  officers  must  arrest  them,  and  to  thai  end  may 
command  the  aid  of  all  persons  present  or  within  inty. 

4545.  Person  refusing  to  assist  officer,  etc.,  deemed  a 
rioter.     If   a   person    present,    being    commanded    by    an 

the  magistrates  or  officers  mentioned  in   thi 

tion  to  aid  or  assist  in  seizing  and  securing  such   rii 

persons    so    unlawfully    assembled,    or    in    suppn  such 

riot  or  unlawful  assembly,   refuses  or  neglects  to  "Ley   -uch 

command,  or,   when   required   by   such   magistral 

to  depart   from   the  place,   refuses,  or   n<  .   he 

shall  be  prosecuted  and  punished  accordingly. 

4609.     Peace    officers    enumerated.     .\ 
a    sheriff   of   a   county   it    hi 
marshal  or  policeman  of  any  inc  vn. 


328       CHAP.   LXXXII.    INTERVENTION"   OF  OFFICERS. 

4611.  Any  person  having  knowledge  must  make  com- 
plaint Every  person  who  has  reason  to  believe  that  a 
crime  or  public  offense  has  been  committed  must  make 
complaint  against  such  person  before  some  magistrate  hav- 
ing authority  to  make  inquiry  of  the  same. 

4618.  Warrant  directed  to  and  executed  by  peace 
officer.  The  warrant  must  be  directed  to  and  executed  by 
a  peace  officer. 

4621.  Officer  may  call  for  aid  in  any  county.  An 
officer  pursuing  a  person  for  whom  he  has  a  warrant,  into 
another  county  than  the  one  in  which  he  holds  office,  may. 
in  the  county  where  he  finds  such  person,  call  for  assistance, 
and  command  aid,  and  exercise  authority  as  if  in  his  own 
county. 


CHAP.     LIMITATIC 

CHAPTER  LXXXIII. 

LIMITAT 

4597.  No  limitation  for  murder,  embezzlement  of  public 
money,    or    falsification    of    public    records.     There    - 

no  limitation  of  time  within  which  a  prosecul 

the    embezzlement   of   public   rn 

of    public    records    must    be    commenced.      Prosec.- 

murder  may  be  commenced  at  any  time  after  the  death  of 

the    person    killed,    and    for    the    embezzlemer.- 

moneys   or  the   falsification   of  public   records,   at   any 

after  the  discovery  of  the  crime. 

4598.  Felony  other  than  murder,  etc.     Four  years. 

any  felony  other  than   murder,   the   embezzlement   of  public 
men'     -       -  :he  falsification  of  public  records,  an  indictment 
must    be    found    or    an    information    filed    within 
after  its  commission. 

4599.  Indictable    misdemeanor.      Three    years.         n    in- 
r  any  misdemean  be  found  or  an    • 

filed    within   three   years   after   its 

4600.  Time  of  defendant's  absence  no  part  of  limitation. 
If.  when  the  offense  is  committed,  the  defends- 

the    state,   the   indictment    may   be   found   or   an 
filed  within  the  term  herein  limited  after  his  coming 
the    state,   and    no   time    during   which    the    defend:.- 
not    be    an    inhabitant    of.    or    usually    resi-"- 
state,  shall  be  part  of  the  limita" 

4601.  When   indictment  deemed  found 

ithin    the    mean:- 

led. 


330  CHAP.     LIMITATIONS. 

4602.  Misdemeanor  within  justice's  jurisdiction.  Two 
years.  A  complaint  for  a  misdemeanor,  of  which  justices 
of  the  peace  have  jurisdiction,  must  be  filed  within  two  years 
after  the  commission  of  the  offense. 

4603.  Action  begun  when  complaint  filed.  An  action 
on  a  complaint  is  commenced  when  a  verified  complaint  is 
filed  with  the  magistrate. 


CHAP.   LXXXIV.     ARREST.  331 

CHAPTER  LXXXIV. 
\KRFST.   BY    WHOM   AND  HOW   MADE. 

4635.  Arrest  defined.  May  be  made  by  any  person. 
An  arrest  is  taking  a  person  into  custody  in  a  case  and  in 
the  manner  authorized  by  law.     An  arrest   may   be  mad< 

a  peace  officer  or  by  a  private  person. 

4636.  Arrest,  how  made.  No  unnecessary  restraint. 
An  arrest  is  made  by  an  actual  restraint  of  the  person  of 
the  defendant,  or  by  his  submission  to  the  custody  of  an 
officer.  The  defendant  must  not  he  subjected  to  any  more 
restraint  than  is  necessary  for  his  arrest  and  detention. 

4637.  When  officer  may  arrest  with  or  without  warrant. 
\  peace  officer  maj  in  arresl  in  obedience  to  a  war- 
rant   delivered    to    him.    or    maw    without    a    warrant,    a: 

a  person : 

1.  For  a  public  offense  committed  or  attempted  in  his 
presence  : 

2.  When  a  person  arrested  has  committed  a  felony, 
although  not  in  hi-  presence; 

3.  When   a    felony  has   in   fact   been   committed,   and   he 
has    reasonable    cause    for    believing    the    person    arrested 
have  committed  it  ; 

4.  On  a  charge,  made  upon  a  reasonahle  cause,  of  the 
commission  of  a  felony  by  the  party  arrested: 

5.  At  night,  when  there  is  reasonable  cause  to  believe 
that    he   has   committed   a   felony. 

4638.  When  private  person  may  arrest.  Railroad  con- 
ductor.    A   private  person   may  arrest   another: 

1.     For  a  public  offense  committed  or  attempted  in   his 
nee : 


332  CHAP.   LXXXIV.     ARREST. 

2.  When  the  person  arrested  has  committed  a  felony, 
although  not  in  his  presence ; 

3.  When  a  felony  has  been  in  fact  committed  and  he 
has  reasonable  cause  for  believing  the  person  arrested  to 
have  committed  it ; 

4.  A  conductor  or  other  person  having  charge  of  any 
railway  train  in  this  state  shall  have  power  to  arrest  without 
a  warrant  any  person  disturbing  the  peace  of  a  traveler, 
or  committing  any  offense  against  the  laws  of  the  state 
while  traveling  with  or  upon  the  train  of  which  he  is  in 
charge. 

4639.  Magistrate  may  orally  order  arrest.  A  magis- 
trate may  orally  order  a  peace  officer  or  private  person  to 
arrest  any  one  committing  or  attempting  to  commit  a  public 
offense  in  the  presence  of  such  magistrate. 

4640.  Person   arresting    may   summon   assistance.     Any 

person   making  an   arrest  may  orally   summon   as   many  per- 
sons as  he  deems  necessary  to  aid  him  therein. 

4641.  Arrest  by  day  or  by  night.  If  the  offense 
charged  is  a  felony,  the  arrest  may  be  made  on  any  day. 
and  at  any  time  of  the  day  or  night.  If  it  is  a  misdemeanor, 
the  arrest  cannot  be  made  at  night,  unless  upon  the  direc- 
tion of  the  magistrate  indorsed  upon  the  warrant,  or  unless 
the  offense  is  committed  in  the  presence  of  the  person 
making  the  arrest. 

4642.  Manner  of  making  arrest.  The  person  making 
the  arrest  must  inform  the  person  to  be  arrested  of  the 
intention  to  arrest  him.  of  the  cause  of  the  arrest,  and  the 
authority  to  make  it,  except  when  the  person  to  be  arrested 
is  actually  engaged  in  the  commission  of  or  an  attempt  to 
commit  an  offense,  or  is  pursued  immediately  after  its  com- 
mission, or  after  an   escape. 


CH  W    i  XXXIV.      VRREST.  333 

4643.  Warrant   must  be  shown  if  required,      li   ilu 

son   making   the   arrest    is   acting  under   the   authority   of   a 
warrant,  he  must  show  the  warrant,  if  required. 

4644.  Force,  when  arresting  under  warrant.  Winn 
the  arrest  is  being  made  by  an  officer  under  the  authority 
of  a  warrant,  after  information  of  the  intention  to  make 
the  arrest,  if  the  person  to  be  arrested  either  flees  or 
Forcibly  resists;  the  officer  may  use  all  necessary  mean: 
effect   tlie  arrest. 

4645.  Door  or  window  may  be  broken,  when.  To 
make  an  arrest,  a  private  person,  if  the  offense  is  a  Felony, 
and  in  all  eases  a  peace  officer,  may  break  open  the  door 
nr  window  of  the  building  in  which  the  person  to  be 
arrested  is.  or  in  which  they  have  reasonable  grounds  for 
believing  him  in  he.  after  having  demanded  admittance  and 
explained  the  purpose   for   which  admittance   i-  desired. 

4646.  Id.  For  purpose  of  exit.  Any  person  who  shall 
have  lawfully  entered  a  house  for  the  purpose  of  making 
an  arrest  may  break  open  the  door  "i  window  thereof  if 
detained   therein,    when    necessary    for    the   pur] 

ing   himself,   and   an   officer   may   do   the    same,    when    ne< 
sary   for  the  purpose  of  liberating  a   person   who,   acting   in 
his    aid,    lawfully    entered    for    the    purpose  making    an 

St,    and    is    detained    therein. 

4647.  Weapons    to    be    taken    from    person.     Delivery. 
An\    person    making   an    arrest    may    take    from    th< 
arrested    all    offensive    weapons    which    he    may    have    ab 
his  person,  and    must   deliver  them    I 

win  mi    he   shall    be   taken. 

4648.  Private  person  must  deliver  prisoner  immediately. 

ii    who    -hall    ha 

22 


334  CHAP.   LXXXIV.     ARREST. 

commission  of  a  public  offense  must,  without  necessary 
delay,  take  the  person  arrested  before  a  magistrate,  or 
deliver   him    to  a   peace   officer. 

4649.  Officer  arresting  with  warrant  must  proceed 
lawfully.  An  officer  making  an  arrest  in  obedience  to  a 
warrant  must  proceed  with  the  person  arrested  as  com- 
manded  by  the   warrant,   or  as   provided   by   law. 

4650.  Arrest  without  warrant.  Delivery  of  prisoner. 
Complaint.  When  an  arrest  shall  be  made  without  a  war- 
rant by  a  peace  officer  or  private  person,  the  person  ar- 
rested must,  without  unnecessary  delay,  be  taken  to  the 
nearest  or  most  accessible  magistrate  in  the  county  in 
which  the  arrest  is  made,  and  a  complaint,  stating  the 
charge  against  the  person,  must  be  made  before  such  mag- 
istrate. A  conductor  or  other  person  who  shall  have  made 
an  arrest  as  provided  in  sub.  4  of  §  4638  shall,  without 
unnecessary  delay,  take  the  person  so  arrested  before  any 
accessible  magistrate  or  deliver  him  to  a  peace  officer ;  and 
a  complaint,  stating  the  charge  against  the  person,  must 
be  made  before  such  magistrate:  and  the  magistrate  before 
whom  such  charge  shall  be  made,  if  the  offense  is  triable 
by  him  shall  have  full  jurisdiction  over  said  offense  and 
tlie  defendant,  to  try  and  determine  said  offense.  If  he 
have  not  jurisdiction  to  try  the  defendant  fur  the  offense 
charged,  he  must  proceed  as  provided  in  Chap.  16  of  this 
title. 

4651.  Service  of  warrant  by  telegraph  or  telephone. 
Procedure.  Any  magistrate  may.  by  an  indorsement  upon 
a  warrant  of  arrest,  authorize  the  service  thereof  by  tele- 
graph or  telephone,  and  thereafter  a  telegraphic  or  tele- 
phonic  copy  of  such  warrant  may  lie  sent  by  telegraph  or 
telephone  to  one  or  more  peace  officers,  and  such  copy  is 
:is  effectual  in  the  hands  of  any  officer,  and  he  must  proceed 
in  the  same  manner  under  it,  as  though  he  held  an  original 
warrant  issued  by  the  magistrate  making  the  indorsement. 


CHAP.    I. XX XIV.     ARREST. 

4652.  Id.  Certification  and  return.  Every  officer 
causing  telegraphic  or  telephonic  co]  warrants  to  be 
sent    musl    certify   as   correct,   and    file   in    the 

phone   office   from    which   such   copies   are   sent,   a   i 
the   warrant   and   indorsement   thereon,  and   must    return 
the  original  with  a  statement  of  his  action  thereunder. 

4653.  Officer  may  direct  arrest  by  telegraph  or  tele- 
phone.    In   all  cases   when   by   law   a   peace  officer   may   ar- 

a  person  without  a  warrant,  or  having  a  warrant  for 
the  arrest  of  a  person  accused  of  a  public  offense,  and 
such  person  may  otherwise  escape  from  the  state,  such 
officer  may  by  telegraph  or  telephone  direct  any  sheriff, 
constable,  marshal,  or  policeman  in  this  state  to  arrest  such 
person,  and  designate  the  accused  in  said  order  by  name 
or    description,   or    both. 

4654.  Id.  Arrest  and  detention  of  prisoner.  The 
order  may  be  directed  generally  to  any  of  such  offii 
and  executed  by  the  officer  receiving  it.  The  officer  exe- 
cuting any  such  order  shall  take  into  hi-  custody  the  per- 
son designated  therein,  and  detain  him  upon  such  order 
for  such  length  of  time  as  shall  be  necessary  for  the  officer 
directing  the  arrest  to  reach  the  place  of  detention  by  the 
ordinary  means  and  course  of  travel,  or  until  sooner  de- 
manded by  an  officer  having  a  warrant  for  the  arrest  of 
such  person,  but  in  no  case  -hall   the  officer  arresting  such 

'it  upon  such  ordi  r  detain  him  1. 'tiger  than  the  time 
hereinbefore  mentioned. 

4655.  Pursuit  and  arrest.     If  a  person  am 

rsi  'ii   from   v  Mil  have 

ped  or  shall  have  been   rescued  may  inn 

and    retake    him    at    any    time    and    in    any    place    within    the 


336 


CHAP.  LXXXIV.     ARREST. 


4656.  Id.  May  break  door  or  window.  To  retake 
the  person  escaping  or  rescued,  the  person  pursuing  may 
break  open  an  outer  or  inner  door  or  window  of  a  dwelling 
house  or  other  building,  if,  after  notice  of  his  intention, 
he  is  refused  admittance. 


CHAP.   LXXXV.     PROSECUTION.  337 


CHAPTER  LXXXV. 

PROSEC1    riON    BY    INFORMATION,  rMENT, 

OR  ACCUSATION. 

4688.  Prosecutions  in  district  court  to  be  by  informa- 
tion, etc.  All  public  offenses  triable  in  the  district  courts, 
except  cases  appealed  from  justices'  courts,  must  be  prose- 
cuted by  information  or  indictment,  except  as  provided  in 
the   next    succeeding  section. 

4689.  Action  for  removal  from  office  begun  by  accu- 
sation. When  the  proceedings  shall  be  for  the  removal  of 
any  district,  county,  precinct,  municipal,  or  school  officer, 
or  officer  of  any  board  of  education,  or  of  a  state  officer  not 
liable    to    impeachment,    for    any    high    crime,    misdemeanor, 

malfeasance  in  office,  they  may  be  commenced  by  an 
accusation  in  writing  presented  by  the  grand  jury  or  by 
the  county  attorney,  as  provided  in  Chap.  8  of  this  title. 

4690.  Id.  Accusation,  information,  or  indictment.  All 
accusations,  informations,  or  indictments  again-t  officers 
mentioned  in  the  next  preceding  n  must  be  presented 
to,  or  filed  or  found  in,  the  district  court. 

4691.  Officers  mentioned  may  be  prosecuted  criminally. 
Nothing   in   this  chapter  shall   be  construed   to   prevent    tin 

ers  above  mentioned   from   being  proceeded  bj 

information  or  indictment,   for  a   public  offense   in    th 
manner   as    now    is   or    may   hereafter    be   provided   by    law 
for  so  proceeding  against  other  persons  accused  of  a  public 
•ise. 

4921.  Fines  of  district  court  to  go  to  state.  Excep- 
tion.    Fines    imposed    by    the   district    court    shall    be   turned 


338 


CHAP.  LXXXV.     PROSECUTION. 


into  the  state  treasury,  except  such  fines  as  are  imposed 
by  the  district  court  in  cases  appealed  from  a  city  or  muni- 
cipal court,  which  such  fines,  when  collected,  shall  be  by 
the  county  clerk  covered,  one-half  into  the  city  treasury, 
and  one-half  into  the  state  treasury. 


CH  \1'    I  WW  I  339 

CHAPTER   LXXXVI. 
i  i  >MPR<  (MISING    PUBLIC    I  (FFENSES. 

5062.  What  misdemeanors  may  be  compromised. 
When  a  defendant  is  held  to  answer  on  a  charge  of  mis- 
demeanor, for  which  the  person  injured  by  the  act  constitut- 
ing the  offense  has  a  remedy  by  a  civil  action,  the 

may  be  compromised  as  provided  in  the  next  section,  except 
n  it  is  committed  : 

1.  By  or  upon  an  officer  of  justice,  while  in  the 
cution   of  the  duties  of  liis  offi< 

2.  Riotously ; 

3.  Willi  an  intent  to  commit  a  felony. 

5063.  Id.  By  permission  of  court.  Bar.  [f  the  party 
injured  appears  before  the  court  in  which  the  trial  is  to 
had  at  any  time  before  trial,  and  acknowledges  that  he  has 
received  satisfaction  for  the  injury,  the  court  may,  in  its 
discretion,  on  payment  of  the  costs  incurred,  order  all  pro 
ceedings  t"  be  stayed  upon  the  prosecution,  and  the  defend- 
ant to  be  discharged  therefrom;  but  in  such  case  the  reasons 
for  the  order  must  be  set  forth  therein  and  entered  .  .n  the 
minutes.  The  order  -hall  be  a  bar  to  another  prosecution 
for  the  same  i  (ffense. 

5064.  No  offense   to  be   compromised   except   as   herein 
provided.     No    public    offense    shall    be    compromised, 
shall    any    proceeding    or    prosecution    for    the    punishi 
thereof  upon  a  compromise  be  stayed,  except  as  provided  in 

'his  chanter. 


340  CHAP.    LXXXVII.     STOLEN    PROPERTY. 


CHAPTER  LXXXVII. 

DISPOSAL   OF    PROPERTY    STOLEN    OR 
EMBEZZLED. 

5118.  Held  subject  to  order  of  magistrate.  When 
property  alleged  to  have  been  stolen  or  embezzled  comes 
into  the  custody  of  a  peace  officer,  he  must  hold  it  subject 
to  the  order  of  the  magistrate  authorized  by  the  next  suc- 
ceeding section  to  direct  the  disposal  thereof. 

5119.  Property     delivered      to     owner.     Order.     Costs. 

On  satisfactory  proof  of  the  ownership  of  the  property,  the 
magistrate  before  whom  the  complaint  is  laid,  or  who 
examines  the  charge  against  the  person  accused  of  stealing 
or  embezzling  it.  must  order  it  to  be  delivered  to  the  owner, 
upon  his  paying  the  necessary  expenses  incurred  in  its 
preservation,  to  be  certified  by  the  magistrate.  The  order 
shall  entitle  the  owner  to  demand  and  receive  the  property. 

5120.  Id.     If   property   stolen   or  embezzled  comes   into 

custody  of  the  magistrate,  it  must  be  delivered  to  the 
owner  on  satisfactory  proof  of  his  title,  and  on  his  paying 
the  necessary  expenses  incurred  in  its  preservation,  to  be 
certified  by  the  magistrate. 

5121.  Sale    of    unclaimed    property.     Proceeds.     If    the 

property  stolen  or  embezzled  is  not  claimed  by  the  owner 
before  the  expiration  of  six  months  from  the  conviction  of 
a  person  for  stealing  or  embezzling  it,  the  magistrate  or 
other  officer  having  it  in  custody  must  sell  the  same  at 
public  auction,  as  provided  by  law  for  the  sale  of  personal 
property  on   execution,  and   with  the  proceeds  pay: 

1.  The  expenses  necessary  for  its  preservation  and 
sale ; 


__ 


CHAT     I. XXXVII.     STOLEN    PROPERTY.  341 

_'.  Any  balance  into  the  county  treasury  of  the  county 
in  which  the  offense  shall  have  been  committed. 

5122.  Property  taken  from  person  arrested.  Duplicate 
receipt.  Winn  mone)  or  other  property  is  taken  from  a 
defendant,  arrested   upon   a  charge  of  a   pub 

officers  taking  it  musl  at  the  time  give  duplicate  receipts 
therefor,  specifying  particularly  the  amount  of  money  or  the 
kind  of  property  taken:  one  of  which  receipts  he  must 
deliver  to  the  defendant,  and  the  other  he  must  forthwith 
file  with   the  clerk  of  the  court   to   which   the  complaint   and 

apers    in    the   case   are   required    by   law    to    be 
When    such    property    is    taken    by    a    police    officer    of    an) 
incorporated    city,    lie    must    deliver  the    receipt 

the   defendant,   and    the   other,    with    the    property,    al    onci 
the  person   in  charge  of  the   police   office  in   such  city. 

5123.  Register  to  be   kept   at   police   station.      I 

-on   having  charge  of   thi  office  in   any  incorporated 

city    must    enter   in    a    suitable    hook   a   descriptii  very 

article   of   property   alleged    to   b  n    or   emb  and 

the  office  or  taken    from   the   person   of  ;,   ■ 
oner,   and    must    attach   a   number   to   each   article,   and    make 
tiding  entry  there 


AN   ORDINANCE. 

An  ordinance  revising  and  compiling  the  ordinances  ol 
Salt  Lake  City,  Utah  : 

Be  it  ordained  by  the  Board  of  Commissioners  of  Salt 
Lake  City.  Utah  : 

SECTION  1.  That  all  ordinances  of  a  general  nature 
now  in  force  in  Salt  Lake  City,  Utah,  as  revised,  compiled 
and  hereinafter  set  forth  in  Volume  1,  containing  LXI  chap- 
ters, and  numbered  consecutively  in  sections  from  1  to  1396, 
be  and  they  are  hereby  adopted,  passed,  published  and  declared 
to  be  the  Revised  Ordinances  of  Salt  Lake  City,  L'tah. 


Revised  Ordinances 

OF 

SALT  LAKE  CITY. 


CHAPTER    I. 

Section  1.  Repeal  of  existing  ordinances.  The  ordi- 
nances contained  in  this  chapter  and  the  chapters  fol- 
lowing shall  be  known  as  the  "Revised  Ordinances  of  Salt 
Lake  City,"  ami  so  far  as  their  provisions  are  the  same  in 
effect  a-  those  of  previously  existing  ordinances,  they  shall 
be  construed  as  continuations  thereof;  but  subject  to  the 
above  limitations  and  the  provisions  of  the  nexl  section, 
all  ordinances  and  resolutions  of  Salt  Lake  City  heretofore 
in  force  except  such  a~  are  of  a  private,  local  or  temporary 
nature,  including  franchises,  grants,  dedications  and 
levies  for  local  assessments),  are  hereby  repealed. 

Sec.  2.  Effect  of  repealing  ordinance.  The  repeal  oi 
the  ordinances  as  provided  in  Section  1.  ^hall  not  revive 
the  ordinances  previously  repealed  nor  affect  any  right  which 

accrued,   any   duty    imposed,   an)    penalty   incurred,   nor 
any  action  or  proceeding  commenced   under  '>r  by   virtui 
the    ordinance    repealed    nor    the    tenure    of    office    of    any 
person   holding    office   at    the    time    when    thej    tak< 
m.r    shall    the    repeal    of    any    ordinance    thereby    have    the 
effect     of    reviving    any    ordinance    theretofore 
superseded. 

Sec.  3.  Rules  for  construction  of  ordinances  and 
amendments.     In    the    construction    of    the     Revised 


344 


nances  and  all  ordinances  amendatory  thereof  the  following 
rules  shall  be  observed  unless  such  construction  would  be 
inconsistent  with  the  manifest  intent  of  the  legislative  body 
or  repugnant   to  the  context  of  the  urdinance. 

The  singular  number  includes  the  plural. 

Words  used  in  the  present  tense  includes  the  future. 

Words  used  in  the  masculine  gender  comprehend,  as 
well,  the  feminine  and  neuter. 

The  word  "person'"  includes  bodies  politic  and  corporate 
partnerships,  associations  and  companies. 

The  word  "writing"  includes  printing,  writing  and  type- 
writing. 

The  word  "signature"  includes  any  name  mark  or  sign 
written  with  the  intent  to  authenticate  any  instrument  or 
writing. 

The  word  "month"  means  a  calendar  month  unless 
otherwise  expressed,  and  the  word  "year"  or  the  abbrevia- 
tion "A.  D."  is  equivalent  to  the  expression  "year  of  our 
Lord." 

The  word  "oath"  includes  "affirmation-'  and  the  word 
"swear"  includes  the  word  "affirm.''  Every  mode  of  oral 
statement  under  oath  or  affirmation  is  embraced  in  the 
term   "testify"   and   every   written   one   in   the   term   "depose." 

The  word  "property"  includes  both  real  and  personal 
property. 

The  terms  "land,"  "real  estate"  and  "real  property" 
includes  lands,  tenements,  hereditaments.  water  rights, 
possessory  rights,  and  claims 

The  term  "personal  property"  includes  every  description 
of  money,  goods,  chattels,  effects,  evidences  of  rights  in 
action,  and  all  written  instruments  by  which  any  pecuniary 
obligation,  rights  or  title  to  property  is  created,  acknowl- 
edged, transferred,  increased,  defeated,  discharged,  or  dimin- 
ished, and  every  right  or  interest  therein. 

The  words  "highway"  and  "road"  include  public  bridges, 
and  may  be  held  equivalent  to  the  words  "county  way," 
"county   road."  "common   road."  and  "state  road." 


.(45 

The  word  "street"  includes  alleys,  lanes,  courts,  boule- 
vards,   public    ways,     public     squares,     public     places,     and 

sidewalks. 

When  any  time  i^  specified  in  these  ordinances  it  shall 
mean  standard  time,  as  distinguished  from  solar  time,  and 
the  words  "midnight"  or  "noon"  shall  be  taken  to  be  midnighl 
or  noon   standard   time. 

The  word  "owner"  applied  to  a  building  or  land  shall 
include  any  part  owner,  joint  owner,  tenant  in  common, 
joint  tenant  nr  lessee  of  the  whole  or  of  a  part  of  such 
building  or  land 

The  word  "tenant"  or  "occupant"  applied  to  a  building 
Of  land  shall  include  any  person  who  occupies  the  whole 
or  any  part  of  such  building  or  land  either  alone  or  with 
others. 

\\  ords    prohibiting    anything   being   done,   except    in    ac- 

lance  with  a  license  or  permit  or  authority  from  a  board 

or  officer,  shall  be  construed  as  giving  such   hoard  or  officer 

power    to    license    or    permit    or    authorize    such    thing    to 

be  done. 

The  word  "officer"  shall  include  officers  and  hoard-  in 
charge  of  departments  and  the  members  of  such  boards, 

The    term    "wilfully."    when    applied    to    the    intent    with 
which  an  act   is  done  or  omitted,   implies  simply  a   pur] 
or    willing  commit    the   act    or    make    the   omission 

referred   to.      It    does    ii"t    require   any   intent    1m    violate   law, 
to  injure  another,  or  to  require  any  advantage. 

The     terms    "neglect,"    "neglig<  "negligent,"    and 

mly"  import  a  wan]   of  such  attention  to  the  nature 
or  probable  conseqtn  >    i  or  omission  .is  a  prudent 

man  ordinarily  bestows  in  acting  in  his  own  cone 

The  term  "knowingly"  imports  only  a  knowledge  that 
the  :-t    which    I >ri ncr   the   act    or  omission    within    the 

provisions    of    these    ordinances.      It    do 
knowledge  of  the  unlawful™  ich  act  i  ion. 


346 

The  term  "bribe"  signifies  any  money,  goods,  right  in 
action,  property,  thing  of  value,  or  advantage,  present  or 
prospective,  or  any  promise  or  undertaking  to  give  any, 
asked,  given,  or  accepted,  with  a  corrupt  intent  to  influence 
unlawfully  the  person  to  whom  it  is  given  in  his  action,  vote, 
or  opinion  in  any  public  or  official  capacity. 

The  term  "corruptly"  imports  a  wrongful  design  to 
acquire  or  cause  some  pecuniar}-  or  other  advantage  to  the 
person  guilty  of  the  act  or  omission  referred  to,  or  to  some 
other  person. 

The  terms  "malice"  and  "maliciously"  import  a  wish  to 
vex.  annoy,  or  injure  another  person,  or  an  intent  to  do  a 
wrongful  act,  established  either  by  proof  or  by  presumption 
of  law. 

The  enacting  style  of  all  ordinances  of  Salt  Lake  City 
shall  be  "be  it  ordained  by  the  board  of  commissioners  of 
Salt  Lake  City,  Utah." 

Sec.    4.      Intent   to    defraud.      Whenever   by    any   of   the 

provisions  of  the  revised  ordinances  an  intent  to  defraud  is 
required  in  order  to  constitute  any  offense,  it  is  sufficient 
if  an  intent  appears  to  defraud  any  person,  association  or 
bod)    politic  or  corporate  whatever. 

Sec.  5.  Liability  of  employers  and  agents  to  penalty 
for  violation  of  ordinances.  When  the  provisions  of  an 
ordinance  prohibit  the  commission  or  omission  of  an  act, 
not  only  the  "person  actually  doing  -the  prohibited  thing  or 
omitting  the  directed  act.  but  also  the  employer  and  all 
other  persons  concerned  or  aiding  or  abetting  therein,  shall 
be  guilty  of  the  offense  described  and  liable  to  the  penalty 
prescribed  for  the  offense. 


Sec.  6.  Essentials  of  crime.  In  every  crime  or  public 
offense,  there  must  exist  a  union%  or  joint  operation  of  act 
and    intent,   or   criminal    negligence. 


.147 

["he   intent    or   intention    is   manifested    by    the   circum- 
ces  connected  with  the  offense  and  the  sound  mind  and 
discretion  of  the  accused. 

Sec.    7.      Penalty    for    violation    of    ordinances.       When 
no    other    penalty    i>    prescribed    any    i 

violating  anj  provision  or  provisions  of  any  ordinance  in- 
cluded in  these  Revised  Ordinam  ordinances  hereafter 
enacted,  shall  be  punished  by  a  fine  of  not  more  than  fifty 
dollar-,    in    default    of    payment    of    which    such    person    shall 

ommitted  to  the  city  jail  for  the  period  of  not  more  than 
thirty  days. 

Sec.  8.  When  ordinances  take  effect.  Publication. 
Proof.  All  ordinances,  before  taking  effect,  shall  be  de- 
posited in  the  office  of  the  city  recorder  and  published  at 
.■nee  in  some  newspaper  published  within  the  city, 
■  >r  if  there  is  no  newspaper  published  in  the  city,  then  by 
posting  in  three  public  places  therein,  and  shall  go  into 
effect  on  the  twentieth  day  after  its  publication,  in 
provided  in  the  ordinance  thai  it  shall  take  effect  at  an 
earlier  or  a   later   date:   provided,   that    whenever   a   revis 

ade  and  the  revised  ordinam  published  by  author- 

ity of  the  board  of  commissioners  or  city  council,  no 
further  publication  shall  l>e  deemed  necessary.  The  city 
recorder  shall  record  all  ordinances  in  a  book  1.  that 

pun  ether  with  affidavits  of  publication  by  the  pub- 

lisher,  or   his   agent,   or   if   posted,    with    the   certin 

due  posting  thereof;  and   said  book,,  or  a  certified   i 
of    the    ordinances,    under    the    seal    of    the    city, 

ived  as  evidence  in  all  courts  and  place.-  without  further 

;'.  or  if  printed  in  book  or  pamphlet    form   by   auth 

'  of  commissionei  ity  council,  they  shall  he 

ceived. 


.43 


CHAPTER    II. 

AXIMALS. 

Sec.  9.  Abandoning  and  selling  sick  and  disabled 
animals.  Docking  horses'  tails.  Leaving  on  street  more 
than  five  hours.  It  shall  be  unlawful  for  any  person 
to  abandon  or  turn  out  at  large  any  sick,  diseased  or  dis- 
abled animal,  but  such  animal  shall,  when  rendered  worth- 
less by  reasmi  of  sickness  or  other  disability,  be  by  the 
owner  thereof  killed  and  disposed  of  as  provided  by  these 
ordinances  for  the  disposition  of  dead  animals  within  the 
city  limits.  It  shall  be  the  duty  of  police  officers  to  kill 
and  dispose  of  any  animals  found  running  at  large  within 
the  city  limits,  or  which  may  be  impounded  in  the  estrav 
pounds  of  this  city,  which  are  worthless  from  sickness,  dis- 
ease or  other  disability. 

It  shall  be  unlawful  for  any  person  to  lead,  ride  or 
drive  on  any  street  of  this  city,  for  any  purpose,  except 
that  of  conveying  to  a  proper  place  for  its  humane  keeping 
or  killing,  or  for  medical  or  surgical  treatment,  any  dis- 
eased,  debilitated,   lame  or  emaciated  animal. 

It  shall  be  unlawful  for  any  person  to  cut,  or  assist  in 
the  cutting,  within  the  limits  of  this  city,  of  the  bene  of 
the  tail  of  any  horse  for  the  purpose  of  docking  the  tail, 
or  for  any  person  to  cause  or  knowinglv  permit  the  same 
to  be  done  upon  the  premises  of  which  he  is  the  owner, 
lessee,  proprietor  or  user,  within  this  city,  and  the  fact  that 
a  horse  is  found  with  its  tail  so  cut.  and  with  the  wound 
resulting  from  such  cutting  unhealed,  upon  the  premises 
of  any  person  in  this  city,  such  fact  shall  be  prima  facie 
evidence  that  the  person  who  occupies  or  has  the  use  of 
the  premises  upon  which  the  horse  is  so  found  has  com- 
mitted such  offense,  and  if  a  horse  is  found  with  its  tail 
so  cut,  and  the  wound  resulting  from  such  cutting  unhealed. 


in  the  charge  or  custodj  of  anj  person  in  this  city  such 
Fact    shall   be   prima   facie   evidence   that    the  n    having 

charge  or  custody  of  such  horse  has  committed  such  offense. 
It  shall  be  unlawful  for  any  person  being  the  owner 
of,  or  having  charge,  custody  or  control  of  any  animal  to 
allow  the  same  to  remain  standing,  fastened  or  otherwise, 
on  any  of  the  streets  of  Salt  Lake  City  for  a  longer  period 
than  five  hours  of  an}   one  day. 

Sec.  10.  Animals.  Accidental  killing  of.  Every  person 
who  shall  accidentally  or  otherwise  kill  any  animal  upon 
the  streets  or  alleys  of  this  city,  shall,  within  three  hours 
thereafter,  remove,  or  cause  the  bodj  of  said  animal  to  be 
removed  from  the  streets  and  alleys  of  the  city;  and  shall. 
within  the  same  time,  l; i \ «.-  notice  to  the  health  commissioner 
of    this    city,    stating    the    kind    of    animal    killed.    tri< 

re  killed,  and  what  disposition  has  been  made  of  the 
same. 

Sec.    LI.     Id.     Removal  of.     Mo  person  shall   remove  or 

se  t"  he  removed  from  the  premises  in  the  possession  "i 

"t-  under  the  control  of  such  person  any  dead  animal,  into  or 

upon  any  streel  or  alley  of  this  city,  except   t>>  remove  the 

same   for   burial   or  destruction. 

Sec.  12.  Id.  Selling  diseased.  It  -hall  he  unlawful  for 
any  'ring  into  Salt    Lake  City   for  have  in 

his  p  in  with  intent  to  sell  i   for  sale  any 

animal  having  a  communicable  disease,  or  which  has  been 
exposed    t...   or   which    is    liable    t"    carry    infection    from    a 

municable  diseas 

Sec.    13.     Animals,  cruelty  to.      It    shall   he   unlawful    for 
any  person  t"  torture,  cruelly  heat,  ill  treat,  maim  or  clisfij 
any    horse   or   other    animal    within    the    limit  it    Lake 

City,,  whether  belonging  to  himself  or  to  anothei 

as 


350 

Sec.  14.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars  orby 
imprisonment  in  the  city  jail  for  a  period  not  longer  than 
thirty  days.  The  court  may,  in  imposing  the  fine,  enter  as 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine,  the  defendant  may  be  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 

Annexations   to    City.     See   Section   287. 

Appeals.     From    city    court.      Civil    procedure    same    as    appeals 

from     justice     courts,     686x17.       Judgment     final,     exception. 

686x17.      From    city   court,    criminal   procedure    by   defendant 

as    from    justice    court,    686x17.      By    state    or    city,    grounds, 

686x17. 
Appointive  Officers.     See  Officers,  title  of  office. 

Attorney.      See    Law    Department. 


351 


CHAPTER    III. 
•  AUCTIONEERS. 

Section     15.     Auctioneers.       An    auctioneer,    as    con 
plated  in  this  ordinance,  is  a  person   who  conducts  a  public 
competitive  sale  of  property  by  outcry  to  the  highesl   bona 
fide  bidder. 

An  auction  house,  as  contemplated  in  this  ordinance,  is 
a  place  where  personal  property  is  sold  at  auction  by  an 
auctioneer. 

It  shall  be  unlawful  for  any  person  to  engage  in  the 
business  of  auctioneer  within  Salt  Lake  City  without  first 
procuring  a  license  so  to  do.  Such  auctioneer  shall  pay 
into  t ho  city  treasury  t he  sum  of  $100  as  an  annua!  license 
therefor,  and  shall  execute  a  bond  to  Salt  Lake  City,  with 
corporate  surety  in  the  sum  of  one  thousand  dollars,  con 
diti.inal  for  the  faithful  observance  of  all  laws  ami  ordinances 
of  Salt  Lake  City,  and  the  honest  performance  of  all  duties 
required  by  ordinance,  and  the  protection  of  all  persons 
dealing    with    such    auctioneer,    said    bond    t"    1"-    approved 

he  board  of  commissioners  and  filed  with  the  city  recorder. 

It   shall    be   unlawful    for   any    person    t"    engage    in    the 
business    of.    or    t"    keep,    conduct    or    operate    an    auction 
house    within     Sail     Lake    City     without     firsl     obtainin] 
license    so    to    do.      Such    person    shall    pay    into    the    city 
treasury  of  Salt    Lake   City    the   sum   of  or  an   annual 

license,  and  shall  execute  a  bond  in  the  sum  of  one  thousand 
dollars  in  favor  of  Salt  Lake  City,  and  any  person  injured 
or  damaged  by  false  or  fraudulent  n  tling 

with  such  auction  house,  conditioned  for  the  faithful 
ance  of  all  laws  and  ordinan*  ill   Lake  City,  t;: 

duct  of  the  business  engaged  in.  ami  for  the  payment 
damages    t"   all   persons   injured   or   damaged   by    false   and 
fraudulent  representations  in  dealing  with  said  auction  hi 


352 

said  bond  to  be  approved  by  the  board  of  commissioners  and 
filed  with  the  city  recorder. 

Sec.  16.  Receipts  for  goods.  Commission.  It  shall 
be  the  duty  of  all  licensed  auctioneers  to  receive  all  articles 
which  may  be  offered  them  for  sale  at  auction,  and  give 
receipts  therefor ;  and  at  the  close  of  any  sale,  which  must 
be  made  as  the  owner  directs,  the  auctioneer  shall  deliver 
a  fair  account  of  such  sale,  and  pay  the  amount  received 
for  such  articles  to  the  person  entitled  thereto,  deducting 
therefrom  a  commission  not  to  exceed  ten  per  cent  on  the 
amount  of  such   sale. 

Sec.  17.  Obstructing  streets  or  sidewalks.  It  shall  be 
unlawful  for  any  auctioneer  to  sell,  or  expose  for  sale, 
any  kind  of  property  on  or  so  near  to  any  street  as  to 
cause  people  to  gather  in  crowds  on  the  sidewalks,  or  to 
obstruct  a  free  passage  thereon,  or  to  use  immoral  or  indecent 
language  in  crying  his  goods,  or  to  make  noisy  acclamations 
or  ring  bells  through  the  streets  in  advertising  the  sale  of 
goods  or  chattels;  provided,  however,  that  this  section  shall 
not  apply  to  any  sheriff,  constable  or  other  officer,  whose 
duty   shall  require  him  to  sell  property  at  public  auction. 

Sec.     18.     Penalty.     Any    person    violating    any    of    the 

provisions  of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  Fifty  Dollars  or 
by  imprisonment  for  a  period  not  longer  than  thirty  days.  The 
court  may,  in  imposing  a  fine,  enter  as  part  of  the  judg- 
ment, that  in  default  of  the  payment  of  the  fine  the  defend- 
ant may  be  imprisoned  for  a  period  not  exceeding  thirty  days. 


.55.? 


CHAPTER    IV. 

Al  TOM.  >BILE,     <.  \K  VG1       KM  '.I   L  \Tli)\     I  »] 

Section  19.  Definitions.  The  provisions  of  this  chapter 
shall  be  deemed  and  held  to  apply  only  to  public  or  private 
garages  or  structures  wherein  are  stored,  kept,  rented  or 
hired,  vehicles  using  gasoline  or  the  products  of  petroleum, 
or  hydrocarbon  liquids  for  generating  motive  power,  and 
a>  contemplated  in  this  ordinance,  an  automobile  shall  mean 
any  motor  vehicle  using  gasoline,  petroleum  or  any  product 
of  hydrocarbon  li(|iiiils  for  generating  motive  power. 

\  "public  garage"  is  a  building  where  automobiles  are 
kq>t  and  stored  by  the  public,  where  automobiles  arc  rented 

nd  hired  by  the  public,  where  a  charge  is  made  for  the 
use  of  or  for  the  storage  or  keeping  of  automobiles. 

\   "private    garage"    is    a    building   where   one   or   more 

mobiles  are  kept  and  stored  for  private  use  only,  and  not 
rented  or  hired  oul  to  the  public,  or  any  charge  is  made  for 
storage. 

isoline"  shall  mean  any  product  of  petroleum  or 
any  hydrocarbon  liquid  that  will  flash  or  emit  an  inflam- 
mable vapor  below  the  temperature  of  one  hundred  and 
ten  i  110)  degrees  Fahrenheit.  The  chief  of  fire  department 
to  decide   the   flashing  point. 

"Approved"  means  approved  b)   chief  of  fire  department. 

Sec.   20.     Location.     No   part    of  any   building   hereafter 
erected    or   of    any    existing    building    not    already 
which    is    used    a-    a    hotel,    apartment    hot  oming    ho 

idging  house,  shall,  after  thi  ge  of  this  ordinance, 

he   used   as   a   public   gar; 

Sec.    21.     Permits.      It    shall    he    unlawful    for    any    per- 
firm    or    corporation    hereafter    to    conduct    or    maintain 
any  building  i  ir  pren  in  autom 

without    first    obtaining    a    permit    therefor    from    the    chiel 


354 

of  fire  department,  specifying  the  name  of  the  permittee 
and  the  location  of  the  premises  to  be  used  as  an  automo- 
bile garage,  and  the  amount  of  gasoline  desired ;  provided, 
that  all  persons,  firms  or  corporations  now  conducting  a 
public  garage  shall,  after  the  passage  of  this  ordinance, 
comply  with  the  requirements  hereafter  specified  in  this 
ordinance  governing  the  storage  and  handling  of  gasoline. 

Sec.  22.  Application  for  permits.  All  applications  for 
permits  for  automobile  garages  shall  be  made  to  the  chief 
of  fire  department,  who  shall  determine  the  conditions 
under  which  any  privileges  granted  shall  be  exercised,  and 
shall  furnish  each  applicant  with  a  written  or  printed  copy 
of  all  the  requirements  imposed  by  this  ordinance  for  their 
information  and  guidance  as  to  the  manner  in  which  gaso- 
line shall  be  stored  in  the  garage.  When  application  is 
made  to  conduct  and  maintain  a  public  garage,  the  applicant 
shall  immediately  after  the  filing  of  the  application,  cause 
to  be  posted  conspicuously  on  the  premises  a  notice  that 
such  application  has  been  made;  said  notice  to  be  kept 
posted   until   said   application   is   granted   or   denied. 

Sec.  23.  Construction  of  buildings  used  as  public 
garages.  All  buildings  hereafter  erected,  and  all  buildings 
herafter  altered  or  changed  so  as  to  be  occupied  as  public 
garages,  for  the  purpose  of  storing  automobiles,  shall  be  of 
brick,  stone,  concrete,  or  reinforced  concrete  construction; 
the  flooring  of  the  first  floor  of  which  shall  be  concrete, 
with  a  system  of  ventilation  with  openings  to  the  outer 
air  at  floor  line  not  less  than  six  (6)  by  eight  (8)  inches  for 
each    ventilator. 

Sec.  24.  Protection,  (a)  There  shall  at  all  times  be 
maintained  in  every  such  building  used  as  a  public  garage 
two  (2)  chemical  fire  extinguishers  of  not  less  than  three  (3) 
gallons  each,  where  the  floor  space  is  less  than  five  hundred 
(500)    square   feet,  and  one    d)    additional    chemical   fire   ex- 


35S 

tinguisher   for   every    additional    five    hundred    (500)    square 
Eeet  of  floor  space  used   for  such  purpose, 

(b)  Sand  shall  be  kept  in  iron  buckets  in  all  gara 
Every  public  garage  shall  also  have  on  hand  al  all  times 
at  least  four  (4)  barrels  of  clean  -and,  placed  in  different 
parts  of  the  main  floor  and  repair  shop,  each  barrel  to  i 
tain  an  iron  -coop,  so  as  to  throw  sand  on  gasoline  or  nil 
fires,  also  for  absorbing  waste  oils  that  may  fall  upon  tin- 
floor;  such  sand  when  saturated  shall  be  removed  from  the 
building.     The   use   of   sawdust    for   absorbing   oils    in    any 

ge  i-  strictly  prohibited. 

Sec.  25.  Automobile -garage  regulations.  Garages  must 
at  all  times  conform  to  the  following  regulations: 

(a)  No  gasoline  shall  be  allowed  to  remain  in  any  opi  n 
can  or  open  receptacle  of  anv  kind  in,  upon,  or  about  any 
garage. 

(b)  No  gasoline  shall  be  put  into  or  taken  out  of  an} 
automobile  where  there  is  an  open  light,  \ll  lamp-  on  the 
automobile  must  be  extinguished   before   filling. 

(c)  No  gasoline  <hall  be  used  for  motive  power  to 
supply  any  engine  or  machiner)  of  any  kind  used  or  run 
by   an   automobile  garage. 

i.l  i  Mo  oils,  gasoline  or  any  inflammable  material  shall 
be  allowed  to  be  stored  or  kept  in  any  lockers. 

(e)  No  stove,  forge,  torch  or  other  furnace,  flame  or 
fire  shall  be  permitted,  except  in  the  office,  retiring  room 
or    repair    shop. 

if)     All  lighting  shall  be  by  incandescent  electric  lights. 
with   all   electric    -witch.-    and    cutoffs    permanently    located 
-t  four  1 4  i  feet  above  the  fl 

All  electric  motors  which  are  not  actually  a  part 
of  any  automobile  shall  be  located  at  least  four  i4i  feet 
above  the   floor. 

ih)     All  lockers  in  automobile  garages  -hall  b( 
structed  rmit  of  ready  inspection. 


356 

(i)  Xo  smoking  shall  be  allowed  inside  of  any  building 
used  as  an  automobile  garage.  A  notice  in  large  letters 
"No  Smoking,"  shall  be  displayed  in  a  conspicuous  place 
and  manner  on  the  flour  and  at  all  entrances  to  the  garage. 

(j)  All  waste  and  rubbish  of  any  kind  must  be  kept 
at  all  times  in  metal  receptacles,  fitted  with  a  tight  cover. 


CASOLINE. 

Sec.  25.  Storage  of  gasoline.  Except  as  hereinafter  pro- 
vided in  these  regulations,  all  gasoline  except  that  contained 
in  the  tanks  of  automobiles,  shall  be  kept  and  stored  in 
underground  tanks  of  the  following  specifications : 

I  a  I  Xo  single  tank  to  have  a  capacity  of  more  than 
three  hundred  (300)  gallons  of  gasoline. 

(b)  Xot  more  than  four  (4)  tanks  of  three  hundred 
(300)  gallons'  capacity  each,  or  an  aggregate  of  twelve 
hundred  (1200)  gallons  of  gasoline  shall  be  stored  in  con- 
nection  with   any  one  public  garage. 

greater   than   three   hundred    (300)    gallons   may   be   installed 
in  connection   with  and  fur  a  private  garage. 

Sec.  27.  Handling  of  gasoline.  Five  (?)  gallons  oi 
gasoline  may  be  kept  inside  <>i  a  building  in  approved  self- 
closing  cans  of  a  capacity  not  to  exceed  five  (5)  gallons. 
Gasoline  may  be  kept  in  approved  portable  filling  tanks 
inside  of  a  public  or  private  garage.  Xo  one  approved 
portable  filling  tank  shall  have  a  capacity  to  exceed  ?0 
gallons.  All  said  approved  portable  filling  tanks  shall  be 
mounted  on  all  metal  wheels  with  rubber  tires,  each  to  be 
equipped  with  an  approved  pump  fitted  at  the  end  with  a 
ground  shutoff  nozzle;  the  gasoline  t"  be  pumped  into  the 
reservoir  of  the  automobile  from  the  said  approved  wheel 
tanks.     Such  portable  wheel  tanks  when  not  in  use  must   be 

(c)  One  storage  tank  for  gasoline  of  capacity  not 
kept  near  the  entrance  of  the  building,  so  that  in  case  of 
fire   they  can   be  readily  removed   from   the  building. 


Sec.    28.      Construction    of    storage    tanks.      All    gasoline 
ige  tanks  must   conform  to  the  following  specifications: 
1,1 1     All  gasoline  storage  tank-  -hall  In-  constructed  of 
at   least    twelve    (12)    gauge   galvanized    steel,   or   three   six- 
nth   (3-16)  inch  black  i  ipen  hearth  steel 

All  tank-   made  of   galvanized   steel   must   be 
fully   riveted   and   soldered.     All   lank-   made  of   black   steel 
must  ho  carefully  riveted  and  calked. 

(c)     All    tanks    must    be    coated    on    tin     outside    with 
haltum  or  other  rust-resisting  material. 
nit     There  shall  be  no  openings  or  connections  on  any 
tank,  except   on   the  top   thereof,  and   n<>  tank   shall   be  con- 
nected   cither    directly    or    indirectly    with    any    drain,    catch 
basin,  public  <<r  private   sewei 

Sec.  29.     Installation  of  storage  tanks.     All  gasoline 
tanks  shall   be   installed   in   the   following  manner: 

All   tanks  arc  (o  be   installed   underground  outside 
the  building,  in  yard,  under  sidewalk  as  near  the  curb   Hue 
as  possible,  or  under  a  public  alley,   top  of   tanks   four 
feet   below  the  surface,  and  entirely  surrounded   by  earth. 

(b)      Where    more   than   one   lank   is   installed,   they   shall 
be    separated   by   at    least    twelve    (12)    indie-   of   earth,   all 
well  tamped  in  place.     The  tops  of  the  tanks  must  be  below 
the  level  of  the  lowest  pipe  line  in  the  building  used  in  ■ 
nection  « ith  the  equipment. 

storage  tanks  shall  be  covered  with  earth  until 
an  inspection  has  been  made  by  the  chief  of  tire  depart- 
ment. 

All  storage  tank-  shall  be  placed  in  a  spol   a_ 
upon   with   the  applicant   and   the  chief  of  fire  department 

irage  tanks  shall   be  provided   with  on< 
inch    diameter   galvanized    iron    vent    pipe,   same    to   be    • 
nected  to  top  of  tanks.     This  vent  pipe  must   be  carried   up 
at   least    twelve    (12)    feet   above    the    -round   level    and 
minate   in   a   double   goose   neck   spark   ■ 
ings  of   which   must    be   covered    with   bi  wire 


358 


screen  of  at  least  30  mesh.  This  vent  pipe  must  be  placed 
on  a  dead  wall  as  remote  from  windows  and  doors  as  pos- 
sible, and  must  be  attached  to  wall  with  pipe  hooks,  and 
kept  firmly  in  place. 

(f)  All  storage  tanks  shall  be  filled,  from  a  tank  wagon 
in  the  day  time.  In  no  case  shall  any  tanks  or  drums  of 
gasoline,  empty  or  otherwise,  be  allowed  in,  upon  or  about 
any  automobile  garage. 

(g)  Filler  pipes  must  be  made  of  galvanized  iron 
piping  two  inches  or  more  in  diameter,  entering  in  at 
the  top  of  tank  and  extending  to  the  bottom  of  the  tank. 
Upper  end  of  such  filler  pipe  must  terminate  in  screw  cap 
securely   locked. 

(h)  When  filler  pipe  runs  to  sidewalk  or  to  alley  or  to 
other  public  highways,  it  must  terminate  in  screw  cap 
securely  locked,  and  be  protected  by  cast  iron  filler  box, 
same  to  be  flush  with  the  sidewalk  or  alley  ;  cover  of  said 
filler  box  to  be  securely  locked. 

(i)     All  pipes  must  head  out  of  the  tops  of  tanks. 

(j)  All  pipes  shall  be  galvanized  and  put  togther  with 
litharge   and   glycerine. 

(k)  Where  the  space  under  the  sidewalk  is  excavated 
tor  use  as  part  of  basement,  tanks  shall  rest  on  or  beneath 
the  basement  floor,  shall  be  surrounded  by  a  brick  or  con- 
crete wall  nut  less  than  twelve  (12)  inches  thick,  extend- 
ing from  the  bottom  of  the  tank  to  four  (4)  feet  above  the 
top  thereof;  the  space  between  the  top  of  the  tank  and  the 
top  of  wall  shall  be  filled  with  earth,  and  the  earth  covered 
with  at   least   three   (3)    inches  of  concrete. 

Sec.  30.  Pumps.  All  gasoline  must  be  drawn  from 
storage  tanks  by  automatic  closing  valve  pumps,  and  no 
gravity,  siphon,  air  or  water  pressure  system  shall  be  per- 
mitted. Such  pumps  must  be  located  above  the  top  of  the 
tanks  and  may  be  located  inside  the  building  not  below  the 
first  floor.  Such  pumps  must  be  of  an  approved  design, 
having  valves  to  close  all  suction   lines,  pumps  arranged   to 


359 

lock,  and  having  a  shutoff  valve  on  the  nozzle.     In  1 1 <  >  case 
shall  there  be  a  return  or  waste  pipe  t<>  the  tank. 

Sec.  31.  Duties  of  the  chief  of  fire  department,  li  shall 
he  the  duly  of  the  chief  of  fire  department  to  see  that  the 
provisions  of  this  ordinance  are  complied  with,  and  for  that 
purpose  he  shall  have  access  to  any  and  all  buildings,  or 
premises,  used  as  automobile  garages. 

If  any  proprietor  or  manager  "i  a  public  or  private 
automobile  garage  shall  fail  or  refuse  to  comply  with  an) 
of  the  provisions  of  this  ordinance  (which  is  made  for  the 
public  safety  i,  said  chief  of  fire  department  shall  notify 
-aid    proprietor   or    manager    to    appear    before    the    hoard    oi 

missioners    of    Salt     Lake    City    within    five    days    after 
the   service   of   such    notice,   and    show    cause    why    the   permit 
which  may  have  been  granted  to  store  gasoline  as  provi 
in   this  ordinance  shall   not   he  revoked. 

Sec.  32.  Penalty.  Any  person  violating  any  of  the  pro 
visions  of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
by  imprisonment  in  the  city  jail  for  a  period  nol  longer  than 
thirty  days.  The  court  may  in  imposing  a  fine,  enter  a-  a 
part  of  the  judgment,  thai  in  default  of  the  payment  of  the 
fine  the  defendant  may  he  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 


360 


CHAPTER  V. 

BOARD  OF  HEALTH. 

Section  33.  Board  of  health  established.  There  is  hereby 
created  and  established  within  and  for  Salt  Lake  Citv,  a 
board  of  health,  consisting  of  the  following  members,  offi- 
cers, assistants  and  employes,  and  clothed  with  the  powers 
and  duties  hereinafter  set  forth. 

Sec.  34.  Appointment.  Officers.  Members.  The  board 
of  commissioners  of  Salt  Lake  City,  Utah,  may  appoint  a 
board  of  health  consisting  of  the  health  commissioner, 
assistant  health  commissioner,  each  of  whom  shall  be  a 
graduate  of  a  reputable  medical  college,  two  citizens  of 
Salt  Lake  City,  Utah,  and  the  commissioner  of  public  safety. 
The  commissioner  of  public  safety  shall  be  ex  officio  chair- 
man of  the  board  of  health,  which  is  included  in  the  depart- 
ment of  public  safety  under  the  general  direction  of  the 
commissioner  of  public  safety. 

Sec.  35.  Salaries.  The  compensation  of  each  member 
of  the  board  of  health,  exclusive  of  the  commissioner  of 
public  safety,  health  commissioner  and  assistant  health 
commissioner,  is  hereby  fixed  at  five  dollars  for  each  meeting 
attended.  The  health  commissioner  shall  receive  a  salary 
of  twenty-four  hundred  dollars  per  annum,  and  the  sum 
of  twenty-five  dollars  per  month  for  transportation  and 
expenses.  The  assistant  health  commissioner  shall  receive 
a  salary  of  fifteen  hundred  dollars  per  annum,  and  the  sum 
of  twenty-five  dollars  per  month  for  transportation  and 
expenses,  said  salaries  to  be  payable  monthly  as  are  the 
salaries  of  other  city  officers. 


361 

Sec.   36.     Meetings  ot   the   board.       i  the 

ird  shall  be  held  the  second  Monday  in  each  month.  Special 
meetings  ma)    be  called  by  the  mayor  at  an\    una-,  and 
be  called  by  him  ai  the  request  oi  two  members  oi  ihe  board. 

Sec.  37.  Duties.  The  health  commissioner  shall  be 
executive  officer  of  the  board  of  health  and  under  the  direc- 
tion of  the  board  of  health  shall  have  supervision  of  the 
health  department,  it-  officers  and  employes.  He  shall 
ign  all  officers  and  employes  i"  place  in  the  various  divi- 
sions and  -hall  define  their  duties  except  a-  otherwise 
provided  by  law  or  ordinance,  lie  shall  be  responsible  for 
the  enforcement  of  all  law-,  ordinanc  and  regulations 

relative  t<>  public  health  and.  sanitation.  Ihe  other  officers 
of  the  health  department  shall  each  under  the  direction  of 
the  health  commissioner,  have  charge  of  the  divisions  hereby 
ted  and  established  and  shall  perform  such  duties  as  are 
prescribed  by  law  or  ordinance,  by  the  regulations  of  the 
b..ard  of  health  and  such  other  duties  a-  are  assigned  to 
them  by  the  health  commissioner. 

Sec.   38.     Departments.     The   departments   of   the    b 
of  health  shall  be  a-  fi  >11<  iw  - : 

The  division  of  health. 

The  divisii  m  <  if  bacterii  >li  igj  . 

The  division  of  sanitary  inspection. 

The  division  of  meat  and  f 1  inspection. 

The  division  of  dair\   and  milk  inspection. 

The  division  of  weights  and  measun 

The  dt\  i-i.  'ii  of  chemistry. 

The  division  of  health  shall  include  the  office  emplo 
the   emergency   hospital,   the   isolation   hospital    and   all    em- 
ployes nol   detailed  for  duty  in  other  divisions. 

The  division  of  bacteriol  II  include  the  bacterii 

ints. 

The  division  of  sanitary  inspection  -hall  inch 


362 

inspector,  the  sanitary  patrolmen  and  the  garbage  collection 
and  disposal  service. 

The  division  of  meat  and  food  inspection  shall  include 
the  chief  veterinary  inspector  and  his  assistants. 

The  division  of  dairy  and  milk  inspection  shall  include 
the  chief  dairy  inspector  and  his  assistants. 

The  division  of  weights  and  measures  shall  include  the 
sealer  of  weights  and  measures  and  oil  inspector  and  his 
assistants. 

The  division  of  chemistry  shall  include  the  chemist, 
and  his  assistants. 

Sec.  39.  Heads  of  departments.  The  bacteriologist 
shall,  under  the  direction  of  the  health  commissioner,  have 
charge  of  the  bacteriological  laboratory  and  of  the  assistants 
assigned  to  this  division. 

The  chief  sanitary  inspector  shall,  under  the  direction 
of  the  health  commissioner,  have  charge  of  the  sanitary 
patrolmen  and  of  the  garbage  collection  and  disposal  service. 

The  chief  veterinary  inspector  shall,  under  the  direction 
of  the  health  commissioner,  have  charge  of  the  meat  and 
food  inspection  and  of  the  assistants  assigned  to  this  divi- 
sion, and  shall  perform  the  duties  prescribed  by  law  and 
ordinance  and  such  other  duties  as  may  be  assigned  by  the 
health  commissioner. 

The  chief  dairy  inspector  shall,  under  the  direction  of 
the  health  commissioner,  have  charge  of  the  dairy  and  milk 
inspection  and  of  the  assistants  assigned  to  this  division 
and  shall  perform  the  duties  prescribed  by  law  and  ordinance 
and  such  other  duties  as  may  be  assigned  by  the  health 
commissioner. 

The  sealer  of  weights  and  measures  and  oil  inspector 
shall,  under  the  direction  of  the  health  commissioner,  have 
charge  of  the  division  of  weights  and  measures,  inspection 
of  oil  and  of  the  assistants  assigned  to  this  division  and  shall 
perform  the  duties  prescribed  by  law  and  ordinance  and  such 
cither  duties  as  may  be  assigned  by  the  health  commissioner 


363 

The  chemist  shall,  under  the  direction  of  the  health 
commissioner,  have  charge  of  the  division  of  chemistry  and 
the  assistants  assigned  to  this  division.  He  shall  make  all 
such   tests   and  analyses  as   n  bj    lav*    and   by 

the  health  commissioner. 

registrar  of  vital  statistics  shall,  under  the  direc- 
tion of  the  health  commissioner,  have  charge  of  the  clerical 
work  of  the  office. 

Sec.  40.  Appointments.  The  hoard  of  commissioners 
shall  appoint  all  officers,  assistants  and  employes  of  the 
hoard  of  health  and  such  officers,  assistants  and  employes 
shall  receive  annual  salaries,  payable  monthl)  as  are  the 
salaries  of  other  city  officers  and  employes  in  the  amounts 
as  follows : 

Bacteriologist,  twelve  hundred  dollars. 

Chief  sanitary  inspector,  twelve  hundred  doll: 

Chief  veterinary  inspector,  sixteen  hundred  and  twent) 
dollars. 

Chief  dairy  inspector,  fifteen  hundred  dollars 

Sealer  of  weights  and  measures  and  oil  inspector,  fii 
hundred  dollar-. 

Chemist,  six  hundred  dollars. 

Registrar  >•{  vital  statistic-,  twelve  hundred  dollar-. 

Stenographer  and  copyist,  -even  hundred  and  twenty 
dollars. 

Sec.  41.     Inspectors.     There  -hall  he  twenty-two  inspec- 

of    said    departments    who    shall    he    divided    into    three 
i-  follows:     First,  second  and  third  grades.     In 

without  previous  experience  -hall  he  appointed  to  the 
third  ijrade  only,  and  may  after  service  ''i  one  year,  it 
qualified,  he  promoted  to  th<  d  grade. 

Inspectors    of    the    second    grade    must    havi  1    at 

leasl   one  year  in   the   third   grade,  or  two  year-  or  more   in 
health  department  service  elsewhere 

In-:  if  the  first  grade  must  have  served  ' 

or  more  in  the  health  department   or  pi  il   qualifi- 


364 

cations  -for  health  department  service  to  be  determined  by 
the  board  of  health. 

Inspectors  of  the  first  grade  shall  receive  a  yearly  salary 
of  twelve  hundred  dollars. 

Inspectors  of  the  second  grade  shall  receive  a  yearly- 
salary  of  ten  hundred  and  eighty  dollars. 

Inspectors  of  the  third  grade  shall  receive  a  yearly  salary 
of  nine  hundred  and  sixty  dollars,  all  payable  monthly  as 
are  the  salaries  of  other  city  officers  and  employes. 

All  applicants  for  the  position  of  inspector  or  for 
advancement  in  the  service  shall  successfully  pass  such 
examination  as  may  be  required  by  the  board  of  health. 

Sec.  42.  Employes.  A  nurse  at  the  isolation  hospital 
at  twelve  hundred  dollars  per  year. 

A  janitor  at  the  isolation  hospital  at  nine  hundred  dol- 
lars per  year. 

A  cook  at  the  isolation  hospital  at  six  hundred  dollars 
per  year. 

One  watchman  at  the  isolation  hospital  at  one  hundred 
and  eighty  dollars  per  year. 

One  fireman  at  the  crematory  to  receive  a  salary  of  nine 
hundred  dollars  per  year. 

Nineteen  men  with  teams,  or  such  lesser  number  as 
may  be  required  in  the  garbage  disposal  service,  each  of 
whom  shall   receive   four  dollars  and   fifty  cents  per  day. 

Three  laborers  at  two  dollars  and  twenty-five  cents 
per    day. 

One  man  at  the  flushing  station  at  nine  hundred  dollars 
per    y-ear. 

In  all  cases  where  employes  draw  daily  or  weekly  wages, 
the  same  shall  be  paid  semi-monthly. 

Sec.  43.  Oaths.  Bonds.  The  health  commissioner  shall, 
before  entering  upon  the  duties  <<i  hi-  office,  take  and  sub- 
scribe the  constitutional  oath  of  office  and  execute  a  bond 
wrth  good  and  sufficient  sureties,  to  be  approved  by  the  board 
of  commissioners,  payable  to  the  city  in  the  penal  sum  of  five 


thousand  dollars,  conditioned  For  the  faithful  performance 
the    duties    of    his    offioe    and    the    payment    of    all    mon 

eived  by  such  officer  according  to  law  and  the  ordinances 
of  the  said  city. 

Sec.  44.  Id.  The  assistant  health  commissioner  shall. 
before  entering  upon  tin-  duties  of  his  office,  take  and  sub 
scribe  the  constitutional  oath  of  office  and  execute  a  bond 
with  good  and  sufficient  sureties,  to  be  approved  by  the 
board  of  commissioners,  payable  to  the  city  in  the  penal  sum 
of  two  thousand  dollars,  conditioned  for  the  faithful  perform- 
ance oi  the  duties  of  his  office  and  the  payment  of  all  moneys 

ived  by  such  officer  according  to  law  and  the  ordinances 
of  the  said  city. 

Sec.  45.  Id.  The  chief  sanitar)  inspector,  the  chief 
veterinary  inspector,  the  chief  dairj  inspector,  and  the  sealer 
of  weights  and  measures  shall,  before  entering  upon  the 
duties  of  their  respective  offices,  take  am  ribe  the  con 

stitutional  oath  of  office  and  execute  a  bond  with  good  and 
sufficient   sureties,  to  be  approved  by  the  board  of  commis 
sioners,  payable  to  the  city  in  the  penal  sum  of  one  thousand 

us,  conditioned  for  the  faithful  performanc<  of  the  duties 
of   tlu-ir   respective   offices   and   the   payment    of   all    moneys 

ved  by  such  officers  according  to  the  law  and  ordinances 
of  the  said  city. 

Sec.  46.     Police  powers  of  inspectors.     All   inspi 
the  health  department   shall  be  suitably  uniformed   and   wear 
a  badge  sanctioned  by  the  hoard  of  commiss  Said  in- 

spectors   shall    have    all    rights,    duties    and    obligations 

emeu    and    shall    enforce    and    ei  all    laws    of    the 

State    of    Utah,    ordinances    of    Salt     I  ity,    and    rules 

the   hoard    of   health    relating   to   the    general    health    of    the 
city. 

BOARD  OF  111    \I.I  11. 
Sec.   47.      Duties   and   powers.       The    hoard    of    health    is 
hereby  empowered  to  enforce  all  ordinance 

24 


366 


and  all  laws  of  the  State  of  Utah  now  in  force,  or  that 
may  hereafter  be  enacted,  relating  to  the  production, 
manufacture,  storage,  keeping  and  sale  of  meat,  meat 
food  products,  food  products,  dairy  and  creamery  products, 
the  adulteration  of  any  article  of  food,  the  use  of  all  food 
products,  the  housing,  keeping,  feeding  and  caring  of  ani- 
mals, the  products  of  which  are  or  may  be  utilized  as 
food  products :  the  quarantine  and  disposition  of  all  ani- 
mals affected  with  any  contagious  or  infectious  diseases, 
and  in  general  to  do  all  things  proper  or  necessary  for  the 
preservation  of  the  public  health,  and  the  elimination,  pre- 
vention or  restriction  of  disease. 

The  board  of  health  shall  make  all  needful  rules  and 
regulations  for  the  proper  and  successful  operation  of  the 
health  department  of  the  City  of  Salt  Lake,  and  shall  exer- 
cise general  supervision  over  the  health,  sanitation  and 
cleanliness  of  the  city ;  the  board  shall  have,  and  exercise 
general  supervision  over  the  production,  manufacture,  stor- 
age, keeping  and  sale  of  all  food  products,  and  effectuate 
all  measures  necessary  for  the  prevention  and  elimination  of 
disease,  the  prevention  and  abatement  of  nuisances,  and 
for  the  proper  and  prompt  performance  of  such  other 
duties  as  said  department  may  be  required  to  perform  by 
the  laws  of  the  State  of  Utah,  or  the  ordinances  of  Salt 
T.ake  City,  and  recommend  to  the  board  of  commissioners 
such  health  measures  and  ordinances  as  from  time  to  time 
it    may  deem   necessary. 

It  shall  be  the  duty  of  the  board  of  health  to  use 
diligence  in  the  disinfecting  of  contagious  and  infectious 
diseases,  to  maintain  strict  quarantine,  to  cause  all  infected 
persons  and  premises  to  be  disinfected  in  accordance  with 
the  rules  of  the  state  board  of  health.  Said  disinfection 
shall  be  performed  by  the  health  commissioner  or  a  com- 
petent agent,  for  whose  action  the  health  commissioner  shall 
be  responsible  in  everv  way  as  though  performed  by  himself. 
In    no    case    shall    any    disinfection    performed    by    members 


367 

of  a  quarantined  household  be  accepted  ace  with 

this  section. 

The   board   of    health    shall    report   to   the   secretary 
the  state  board  of  health,  at   such  times  state  board 

may  require,  the  sanitary  conditions  of  the  city,  the  number 
of  births  and  deaths,  and  the  cause  of  death,  as  near  as  can 
be  ascertained,  within  the  city  during  the  preceding  month; 
shall  make  a  monthly  report  to  the  state  board  of  health, 
.in  or  before  the  fifth  day  of  each  month,  of  all  cases  of 
scarlet  fever,  smallpox,  diphtheria,  membraneous  croup, 
typhoid  fever,  whooping-  cough,  measles,  chickenpox,  pneu- 
monia, and  tuberculosis  which  have  occurred  within  the 
city  during  the  previous  month;  and,  upon  receipt  of  notifi- 
cation of  the  existence  of  any  case  of  either  of  said  dis- 
eases in  any  family,  a  member  of  which  is  in  attendance 
upon  any  public  or  private  school,  the  health  commissi' 
must  at  once  report  the  existence  of  such  disease  to  the 
principal  of  the  school  so  attended,  giving  the  name 
address  of  the  person  so  affected,  and  the  nature  of  the 
disease.  If  no  case  of  any  of  the  diseases  mentioned  has 
occurred  during  the  month,  the  fact  shall  be  so  reported 
to  the  state  board  of  health  in  the  same  manner  as  herein- 
before provided.  It  shall  he  the  duty  of  the  board  of  health 
to  make  an  annual  report  to  the  state  hoard  of  health. 

Sec.  48.  Board  of  health  may  declare  quarantine  in  the 
city  or  any  part  thereof  against  a  contagious  or  infectious 
disease  prevailing  there  or  elsewhere,  and  against  all  persons 
and  things  likely  to  spread  contagion  or  infection.  The  1 
of  lu-alth  shall  have  authority  to  enforce  such  quarantine 
until  the  same  is  raised  by  it.  and  may  confine  any  person 
affected  with  or  likely  to  spread  contagion  or  infectioi 
the   house   or   premises   in    which    hi  les  or  to  a    place 

provided  by  the  board  for  the  purpose. 

Sec.  49.     Right  to  enter  premises.     The  hoard  of  health 
or  any  duly  authorized  representative  thereof  i<  herein 


368 

powered,  when  it  shall  be  deemed  necessary  to  secure  or 
preserve  the  public  health,  to  enter  into  or  upon  any  premises, 
building,  or  other  place  to  examine  into  the  condition  of  such 
building,  premises,  or  other  place,  or  of  any  person  occupying 
the  same  or  working  therein  or  thereon,  and  also  to  examine, 
analyze  or  test  any  products  or  goods  manufactured,  stored, 
kept  for  sale  or  offered  for  sale  upon  or  in  any  building  or 
premises,  and  if,  after  such  examination,  analysis  or  tests, 
such  products  or  goods  shall  be  found  unfit  for  human  food 
or  unsanitary,  to  condemn  or  destroy  all  such  foodstuffs, 
goods  or  products. 

CONTAGIOUS  DISEASES. 

Sec.  50.  Contagious  diseases.  It  shall  be  unlawful  for 
physicians  or  other  persons  having  knowledge  of  the  exist- 
ence of  any  contagious  or  infectious  diseases  or  having  rea- 
son to  believe  that  any  such  disease  exists,  to  fail  to  report 
the  same  forthwith  to  the  board  of  health. 

It  shall  be  unlawful  for  physicians,  nurses,  or  other 
persons  having  been  exposed  to  any  contagious  or  infectious 
disease,  to  mingle  with  other  persons  subject  thereto  in  the 
clothing  worn  by  them  so  exposed,  unless  the  same  has  been 
thoroughly  disinfected,  or  to  otherwise  expose  any  other 
person  to  such  contagion  or  infection. 

Sec.  51.  Rules  concerning  contagious  diseases  to  be  en- 
forced. The  necessary  rules  and  regulations  concerning 
cholera,  smallpox,  yellow  fever,  diphtheria,  scarlet  fever, 
typhoid  fever,  whooping  cough,  measles  and  other  conta- 
gious and  infectious  diseases,  shall  be  enforced  by  the  board 
of  health  and  under  the  supervision  of  the  health  commis- 
sioner; and  all  public  officers  of  the  town,  city  or  county,  in 
their  proper  capacities,  are  hereby  commanded  and  enjoined 
to  assist  the  said  board  of  health  in  the  enforcement  of  said 
rules  and  regulations. 

No  person  or  thing  liable  to  propagate  any  of  the  con- 
tagious   diseases    enumerated    in    the    above    section    shall    be 


3t>9 

brought  within  the  limits  of  the  city,  withoul  a  special  : 
niit  and  direction  of  the  stat  of  health  and  the  1- 

of  health  at  Salt  Lake  City;  and.  whenever  n   shall  i 
the  knowledge  of  any  person  that   such  person  or  thing 
been  brought  within  the  limi  Salt    Lake  City,  he  shall 

immediately  give  notice   thereof   to  a  mi  if   the   In  Mid 

of  health,  together  with  the  location  thereof.  No  person 
shall,  within  the  limits  of  Salt  Lake  City,  without  a  permit 
from  the  board  of  health,  carry  or  remove  from  one  building 
to  another,  any  person  afflicted  with  Mich  contagious  dis- 
ease. 

Sec.  52.  Physicians  to  report  cases  of  contagious  dis- 
eases. It  shall  he  the  duty  of  every  physician  or  other  person 
earing  for  the  sick  within  Salt  Lake  City,  to  make  a  report 
to  the  board  of  health  immediately  after  such  person  becomes 
aware  of  the  existem  ny  rase  of  scarlet   fever,  typhoid 

fever,  membraneous  croup,  diphtheria,  whooping  cough, 
smallpox,  measles,  tuberculosis,  Asiatic  cholera,  rub 
(rotheln),  chickenpox,  typhus  fever,  plague,  cerebro-spinal 
meningitis,  infantile  paralysis,  leprosy,  or  pneumonia  in  his 
or  her  charge,  and  it  shall  be  the  duty  of  every  person, 
owner,  agent,  manager,  principal  or  superintendent  of  any 
public  or  private  institution  or  dispensary,  hotel,  boarding 
house  or  lodging  house  to  make  a  report  in  like  manner  of 
any  inmate,  occupant  or  boarder  suffering  from  any  of  the 
said   infectious   or   contagions   diseases. 

shall    be    unlawful    for    any    such    physician    or   other 
person  having  knowledge  of  the  exij  any  such  infec- 

tious or  contagious  diseases  to  fail  to  report  to  the  hoard  of 
health  within  twenty-four  hours  the  fact  concerning  same. 

Sec.  53.  Quarantine  regulations.  It  shall  be  the  duty 
of  the  hoard  of  health,  without  delay,  upon  receiving  such 
notice  a~  provided  in  the  foregoing  section,  to  proceed  imme- 
diately to  carry  ou1   such  rules  and   regulations  as   the 

I   of  health   may   prescribe,   having   for   the  ■  the 

prevention  and   restriction  of  the  dis  herein- 


370 

before  mentioned.  It  shall  be  the  duty  of  the  board  of 
health  upon  receipt  of  said  notice  of  existing  or  suspected 
disease  aforesaid,  to  inspect  or  cause  the  house  or  locality 
to  be  inspected  by  its  sanitary  officers,  and  on  discovering 
that  such  disease  exists  the  health  commissioner  may  isolate 
and  quarantine  said  diseased  person  or  persons  and  may 
also  quarantine  any  other  person  or  persons  exposed  to  said 
disease  and  restrain  them  within  their  home  or  locality  from 
intercourse  with  other  persons,  and  prohibit  ingress  or 
egress  to  or  from  such  premises  whenever  it  is  necessary 
for  the  prevention  or  restriction  of  such  diseases,  and  any 
person  or  persons,  isolated  or  quarantined,  who  shall  wilfully 
escape  from  said  isolation  or  quarantine  before  they  have 
fully  recovered,  or  before  the  time  provided  for  by  the  rules 
of  the  state  board  of  health  or  before  their  clothes  have  been 
disinfected  by  the  authorities  in  charge,  or  who  wilfully 
permit  clothes  or  other  articles  to  be  carried  from  the  in- 
fected premises  prior  to  disinfection,  shall  be  deemed  guilty 
of  the  violation  of  this  ordinance. 

Sec.  54.  Id.  It  shall  be  unlawful  for  any  person  to 
give,  lend,  sell,  transmit  or  expose,  without  previous  disin- 
fection according  to  the  rules  of  the  board  of  health,  any 
bedding,  clothing,  rags  or  other  objects  which  have  been 
exposed  to  infection  of  the  above  diseases 

Sec.  55.  Id.  It  shall  be  unlawful  for  any  person  who 
knowingly  transport  in  his  conveyance  a  person  affected 
with  a  contagious  disease,  unless  he  shall  have  immediately 
thereafter  disinfected  his  conveyance  in  a  thorough  manner, 
under  the  supervision  of  the  board  of  health. 

Sec.  56.  Id.  It  shall  be  unlawful  for  the  owner  or 
agent  of  any  house  in  which  a  person  has  been  suffering 
from  any  contagious  disease,  to  knowingly  let  it  or  part  of 
it  for  hire  without  having  previously  disinfected  it  and  all 
articles  therein  liable  to  infection,  under  the  supervision  and 
according  to  the  rules  of  the  board  of  health. 


371 

Sec.    57.      Disinfection   in   typhoid    fever   cases.      It    shall 
be    unlawful    for    anj     person    having    charge    of    a    pei 
affected   with   typhoid   fever,   to   fail    to  disinfect    all   excreta 
excreted  bj   the  said  person  during  the  course  of  the  dis 
in  accordance  with  the  rules  of  the  state  board  of  health. 

It  shall  be  the  duty  of  the  physician  in  attend; 
ui« >n  all  persons  affected  with  typhoid  fever  to  personally 
instruct  those  having  charge  of  the  same  t"  perform  the 
disinfection  above  described  and  to  satisfy  himself  that  the 
same  is  properly  earned  out.  It  shall  be  unlawful  for  such 
physician  to  fail  of  his  duty  as  herein  set   forth. 

Sec.  58.  Board  of  health  has  jurisdiction  in  matters 
pertaining  to  health  in  schools.  The  board  of  health  shall 
have  jurisdiction  in  all  matters  pertaining  to  the  preserval 
of  the  health  of  those  in  attendance  upon  the  public  and 
private  schools  in  the  city,  to  which  end  it  is  hereby  made 
the  dutj  i  if  the  board  i  if  health  : 

1.  To  exclude  from  said  schools  any   person,  including 
hers,  suffering  with  any  contagious  or  infectious  disease, 

whether   acute   or   chronic,   or   liable   to   convey    such   disi 
hose  in  attendant 

2.  To  make  regular  inspections  of  all  school  buildings 
and  premise-,  as  to  their  hygienic  condition,  and  to  report 
on  forms  that  shall  be  furnished  by  the  board  of  health,  the 
result  of  such  inspections  to  those  having  charge  and  control 

with    instructions   as    t"   the   remedy    of   such 
litions  iif  any  such  be  found)   whereby  the  health  of  tl 

in  attendance  may  be  impaired  or  life  endangered.     A  - 
iid  report   shall  also  at   the  same  time  be  sent   t"  the 

board  of  health. 

Sec.  59.  Tuberculosis  to  be  reported.  It  shall  be  the 
duty  of  every  physician,  every  superintendent  of  hospital  or 

public    institution    in    Salt    Lake    City    to    immedi 

•iie    board    of    health    every  Inch 

he    is    called    upon    to    treat    or    which    is    in 


372 

public  institution.  Each  and  every  physician  or  superin- 
tendent shall  make  such  reports  as  may  be  called  for  by  the 
rules  and  regulations  of  the  state  board  of  health,  and  must 
comply  with  all  rules  and  regulations  made  by  said  board 
and  the  local  board  of  health  to  prevent  the  spread  of  such 
disease. 

Sec.  60.  Protection  of  records.  It  shall  be  the  duty 
of  the  health  commissioner  to  cause  all  reports  made  in 
accordance  with  the  foregoing  provisions  and  also  all  results 
of  examinations  showing  the  presence  of  the  bacilli  of  tuber- 
culosis, to  be  recorded  in  a  register,  of  which  he  shall  be  the 
custodian.  Such  register  shall  not  be  open  to  inspection  by 
any  person  other  than  the  health  authorities  of  the  state  and 
of  the  said  city,  and  said  health  authorities  shall  not  permit 
any  such  report  or  record  to  be  divulged  so  as  to  disclose  the 
identity  of  the  person  to  whom  it  relates,  except  as  may  be 
necessary  to  carry  into  effect  the  provisions  of  this  act. 

Sec.  61.  Disinfection  of  premises.  In  case  of  the  vaca- 
tion of  any  apartment  or  premises  by  the  death  or  removal 
therefrom  of  a  person  having  tuberculosis,  it  shall  be  the  duty 
of  the  attending  physician,  or  if  there  be  no  such  physician, 
or  if  such  physician  be  absent,  of  the  owner,  lessee,  occupant 
or  other  person  having  charge  of  the  said  apartments  or 
premises,  to  notify  tin  In  >ard  of  health  of  said  death  or  re- 
moval within  twenty-foiir  hours  thereafter,  and  such  apart- 
ments or  premises  so  vacated  shall  not  again  be  occupied  until 
duly  disinfected,  cleansed  or  renovated. 

Sec.  62.  Prohibiting  occupancy  until  order  of  board  of 
health  is  complied  with.  Tn  case  the  orders  or  directions'  of 
the  local  health  officer  requiring  the  disinfection,  cleansing 
)r  renovation  of  any  apartments  or  premises  or  any  articles 
therein,  as  hereinbefore  provided,  shall  not  be  complied  with 
within  forty-eight  hours  after  such  orders  or  directions  shall 
be   given,   the   health   officer   may  cause   a   placard   in   words 


and  form  substantially  as  follows  to  be  placed  upon  the  door 
of  the  infected  apartments  or  premisi 

"Tuberculosis  is  nunicable  disease.     Thes< 

ments  have  been  occupied  by  a  consumptive  and  may  be  in- 
fected.  They  must  not  be  occupied  until  the  order  of  the 
health  officer  directing  their  disinfection  or  renovation  has 
been  complied  with.  This  notice  must  not  be  removed  under 
the  penalty  of  the  law  excepl  b)  the  health  officer  or  other 
duly  authorized  official." 

Sec.    63.      Prohibiting    carelessness    of    a    person    having 
tuberculosis.      \n\   person  having  tuberculosis  who  shall  dis- 
pose of  his  sputum,  saliva  <>r  otl  secretion  ■ 
tion  so  as  to  cause  offense  or  danger  to  any  person  or  persons 

upying  the  same  room  or  apartment,  house,  or  part 
hi  ■use.  shall  on  complaint  of  any  person  or  persons  subjected 
to  such  offense  or  danger,  be  deemed   guilty  of  a  nuisi 
and  any  pen  jected  to  such  nuisance  may  make  com- 

plaint in  person  or  writing  to  the  health  officer.  And  it  shall 
be  the  duty  of  the  health  officer  receiving  such  complaint  t" 
investigate,  ami  if  it  appears  that  the  nuisance  complained  of 
i>  such  as  t"  cause  offense  or  danger  t"  any  person  occupying 

the  same  r n,  apartment,  house  or  part  of  a  house,  lie  shall 

a  notice  upon  the  person  so  complained  of,  reciting  the 

ged  cause  of  offense  or  danger  ami  requiring  him  t.. 

other    bodily    secretion 
excretion  in  such  manner  as  t"  remove  all   reasonabli 
■  r.      An\    person    failing    or    refu 

ply    with    <>rdcr<    "r    regulations    of    the    health 
requiring   him    !•  nit   such    nuisan  II    be 

deemed  guilty  <  >i  a  violation  of  this  ordinam 

Sec.   64.      Reporting   recovery  of  patient.      Upon    thi 
:v  of  any  person  having  tubercul  the  duty 

of  the  attending  physician  to  make  a  report  of  thi 


374 

health  officer,  who  shall  record  the  same  in  the  records  of  his 
office,  and  shall  relieve  said  person  from  further  liability  to 
any  requirements  imposed  by  this  act. 

Sec.  65.  Providing  that  physicians  shall  make  com- 
plete statement  of  procedure  and  precautions  on  a  blank  to  be 
furnished  by  the  board  of  health.  It  shall  be  the  duty  of  the 
health  commissioner  to  transmit  to  a  physician  reporting  a 
case  of  tuberculosis  as  provided  in  Section  59,  a  printed 
statement  and  report,  in  a  form  approved  by  the  board  of 
health,  naming  such  procedure  and  precautions  as  in  the 
opinion  of  the  said  board  are  necessary  or  desirable  to  be 
taken  on  the  premises  of  a  tuberculosis  patient.  It  shall  be 
the  duty  of  the  board  of  health  to  print  and  keep  on  hand  an 
ample  supply  of  such  statements  and  reports  and  to  furnish 
the  same  in  sufficient  numbers  to  all  local  physicians.  Upon 
receipt  of  such  statement  and  report  the  physician  shall  either 
carry  into  effect  all  such  procedures  and  precautions  as  are 
therein  prescribed,  and  shall  thereupon  sign  and  date  the 
same  and  return  it  to  the  board  of  health  without  delay,  or,  if 
such  attending  physician  be  unwilling  or  unable  to  carry  into 
effect  the  procedures  and  precautions  specified,  he  shall  so  state 
upon  this  report  and  immediately  return  the  same  to  the  board 
of  health,  and  the  duties  therein  prescribed  shall  thereupon 
devolve  upon  said  board  of  health.  If  the  precaution  taken 
or  instructions  given  by  the  attending  physician  are.  in  the 
opinion  of  the  health  commissioner,  not  such  as  will  remove 
all  reasonable  danger  or  probability  of  danger  to  the  persons 
occupying  the  said  house  or  apartments  or  premises,  the  health 
commissioner  shall  return  to  the  attending  physician  the  re- 
porl  with  a  letter  specifying  the  additional' precautions  or  in- 
structions which  the  board  of  health  shall  require  him  to  take 
or  give;  and  the  said  attending  physician  shall  immediately 
take  the  additional  precautions  and  give  the  additional  in- 
structions specified  and  shall  record  and  return  the  same  on 
the  original  report  to  the  board  of  health.     It  shall  he  the  duty 


i  f  the  board  of  health  to  transmit  to  every  physician  rep 
ing  any  case  of  tuberculosis  or  to  the  person  reported  as  suffer- 
ing  from   this  disease,   provided   the  latter  has  no  attending 
physician,  a  circular  of  information  approved  by  the  board  of 
health  and  which  shall  b<  ded  in  sufficient  quantity  by 

the  board  of  health.  This  circular  of  information  shall  inform 
the  consumptive  of  the  best  methods  of  treatment  of  his  dis- 
ease  and  of  the  precautions  necessary  to  avoid  transmitting  the 
disease  to  others. 

Sec.  66.     Acute  anterior  polio  myelitis  or  infantile  paral- 
ysis.    Immediately   upon   receiving   the   report   of  a   case  of 
infantile  paralysis,  the  board  of  health  shall  cause  to 
curely  attached  in  a  conspicuous  place  on  the  house  wherein 
such  disease  occurs,  a  card  or  flag  having  printed  on  it  in  1 

rs  the  words  quarantine  and  the  name  of  th<  •    for 

which  quarantine  is  i  led. 

It  shall  be  unlawful  for  an)   person  nol  a  practicing  phy- 
sician to  leave  such  premises,  wherein  is  domiciled  any  person 
having  the  above  named  disease,  without  first  obtaining 
mission  from  the  board  of  health.     FRl  >M   Till 
THE    DISCOVERY    OF    SAID    DISEASE    l   \TIL     1 

\tt  ANTINE  ON  SUCH  PREMISES  SHALL  HAVE 
BEEN  REMOVED,  and  the  flag  "'"  placard  before  men- 
tioned taken  down  l>y  the  authority  of  the  board  of  health 

The  quarantine  for  the  above  disease   shall   be  .it 
fifteen  (15)  days  from  the  beginning  of  the  disease  and  lot 
if  necessary. 

Sec.    67.     Typhoid    fever.      Immediately    upon    i 

of  typhoid  fever,  the  board  of  health  shall 
se  to  be-  securely  attached  in  a  cons]  the 

herein  such  card  having  printed  on 

it  in  larg  the  woi  hoid  Fever." 

Sec.    68.      Other    contagious    diseases.      Th 
person    who    has  \siatic    cholera,    diphtheria 


376 

braneous  croup,  scarlet  fever,  bubonic  plague,  smallpox,  or 
infantile  paralysis  shall  not  remain  unburied  for  a  longer 
period  of  time  than  thirty-six  hours  after  death,  unless 
special  permission  be  granted  by  the  board  of  health 
extending  the  time  during  which  said  body  shall  remain 
unburied,  for  special  and  satisfactory  cause  shown. 

Sec.  69.  Duty  of  undertaker.  It  shall  be  the  duty  of 
the  undertaker  or  other  person  in  charge  of  such  funeral  to 
notify  the  board  of  health  in  advance  of  the  lime  and  place 
of  such  funeral. 

Sec.  70.  Penalty  for  violation  of  rules,  regulations  or 
ordinances.  Any  person  who  violates,  disobeys,  omits,  ne- 
glects, or  refuses  to  comply  with,  or  resists  any  of  the  pro- 
visions of  the  ordinances  or  rules  or  regulations  of  the  state 
board  of  health  in  force  in  Salt  Lake  City,  or  who  refuses  or 
neglects  to  obey  any  of  the  rules,  orders,  proclamations,  or 
sanitary  regulations  of  the  board  of  health,  health  officer, 
board  of  commissioners,  or  who  omits,  neglects  or  refuses 
to  comply  with  or  wdio  resists  any  officers  or  duly  authorized 
representatives  or  orders  or  special  regulations  of  said  board 
of  health,  health  commissioner  or  board  of  commissioners, 
shall  upon  conviction  be  fined  in  any  sum  not  exceeding 
one  hundred  dollars  or  by  imprisonment  in  the  city  jail  not 
exceeding  one  hundred  days,  or  by  both  such  fine  and 
imprisonment. 

BOARD    OF    HEALTH. 
DIVISION    OF    SANITARY    INSPECTION. 

Sec.  71.  Scavenger  work  under  direction  of  the  board 
of  health.  All  scavenger  work  shall  be  subject  to  the 
direction  and  control  of  the  board  of  health.  It  shall  be  the 
particular  duty  of  the  board  of  health  to  enforce  the  pro- 
visions of  this  chapter  in  reference  to  garbage  and  scavenger 
work. 

Sec.  72.  Garbage  districts.  The  board  of  health  shall 
from  time  to  time,  create  and   establish   within   the  limits  of 


377 

Salt  Lake  City,  such  garbage  districts  as  it  may  deem 
necessar)    for  the  proper  conduct   of  the  department. 

Sec.     73.     Garbage    and    refuse.       Care    and    collection. 
Every  owner,  lessee  or  occupant   of  any  building,  premi 
or  place  of  business  shall  provide,  be  provided, 

and  at  all  times  keep,  suitable  and  sufficient  metallii 
tacles    for    receiving    and    holding    all    garbage    thai     i 
accumulate  from  said  building,  place  of  business,  or  upon  said 
premises  or  the  portion  thereof  where  they  may  resi< 

No  such  receptacle  shall  be  kept  on  an)  Ik,  or  in 

any  public  place  longer  than  may  be  necessary  for  the 
removal  of  the  contents  thereof,  and  all  receptacles  designed 
for  the  •  n  of  garbage  shall   he   provided   with  proper 

covers  and  at  all  times  he  kept   securely  closed  and  remo 
from  adjoining  premises   tar  enough   t"  prevent   offense;  the 
receptacles    herein    mentioned    shall    !"■    kepi     in    such    pi 
a--  tin-  health  commissioner   may   direct. 

It  shall  he  unlawful  for  any  person  to  overhaul  the  con- 
tents of  any  receptacle  for  garbage  or  waste  material  sel  on 
any  street    or  alley   for  collection. 

Sec.    74.     Mixture    of    rubbish    with    garbage    prohibited. 
1;     -hall    he    unlawful    for    any    person,    within    the    garb 
districts  to  deposit  ashes  and  non-combustible  rubbish  in  the 
san-'  tacle      with      combustible  liquid 

i 

Sec.  75.  Befouling  gutters  and  ditches  prohibited.  It 
shall    be   unlawful    for   any   p  any 

paper  or  other  rubbish  in  any  gutter  or  ditch  within  the 
garbage    districts,    or    t..    empty    into    any    gutti  'itch 

any  1  ips  or  the  contents 

Sec.   76.     Accumulation   of  manure   prohibited.      It 
he  unlawful  for  any  person   t"  permit   manun 
iti  or  on  any  premises   within   the  city  li< 


378 

Sec.  77.  Deposit  or  burial  of  nightsoil  in  garbage 
districts  prohibited.  It  shall  be  unlawful  for  any  person 
to  deposit  or  bury  any  nightsoil  in  or  on  any  premises 
within  the  garbage  districts 

Sec.  78.  Garbage,  manure,  etc.,  to  be  removed.  It 
shall  be  unlawful  for  any  persi  in  to  fail  to  move  all  garbage, 
manure,  nightsoil,  ashes  and  other  refuse  and  offal  to  a  place 
designated  by  the  board  of  health,  or  to  use  a  cart,  vehicle 
or  vessel  for  carrying  any  nauseous  or  offensive  substances 
which  shall  not  be  strong,  tight,  and  covered  so  as  to  be 
inoffensive,  and  of  which  the  sides  shall  not  be  made  so  high 
above  the  load  or  contents  that  no  part  of  such  contend 
shall  fall,  leak  or  spill  therefrom.  It  shall  be  unlawful  for 
any  person  to  move  the  contents  of  any  privy,  vault  or 
-pool,  or  to  transport  the  same  through  any  of  the 
streets  of  Salt  Lake  City,  except  by  means  of  an  air-tight 
vessel  or  in  such  manner  as  shall  prevent  entirely  the 
escape  of  any  noxious  or  offensive  odors  therefrom.  It  shall 
be  unlawful  for  any  person  to  move  the  carcass  of  any 
dead  animal  except  it  be  covered  from  view  during  removal. 

Sec.  79.  Permits  for  emptying  vaults,  cesspools,  sinks 
and  privies.  It  shall  be  unlawful  for  any  person  to  empty 
or  clean  any  vault,  privy,  water-closet,  sink,  cesspool  or 
grease  trap  within  the  garbage  districts,  except  pursuant  to  a 
permit  therefor  received  from  the  board  of  health.  It  shall  be 
unlawful  for  any  person  to  remove,  carry  or  haul  through  the 
streets  any  nightsoil  or  contents  of  cesspools  or  grease  traps 
except  between  the  hours  of  11  "'click  p.  m.  and  5  o'clock 
a.  m.  from  May  1st  to  October  30th.  and  between  the  hours 
of  10  o'clock  p.  m.  and  6  o'clock  a.  m.  from  November  1st 
to  April  30th. 

Sec.  80.  Permits  for  hauling  garbage.  It  shall  be 
unlawful   for  any  person  or  persons,  to  engage  in  the  busi- 


ness  of  hauling  garbage,  manure,  waste  paper  or  other  refuse 
without  first  obtaining  a  permit  so  to  do  t'nmi  the  board  of 
health;  provided,  that  tins  condition  does  n < •  t  applj  ons 

hauling  their  own  garbage  with  their  own  teams.  The  board 
of  health  ma)  revoke  permits  for  failure  to  comply  with  the 
ordinances. 

Sec.  81.  Manner  of  marking  scavenger  wagons.  It 
shall  be  unlawful  for  any  person  engaged  in  the  business 
of  removing  garbage,  manure  or  other  offensive  refuse,  to 
fail  to  have  the  word  "Scavenger"  and  the  number  of 
his  permit  in  large  white  letters  on  black  ground  plainly 
printed  or  attached  to  both  sides  of  his  wagon  Ned- 
Sec.  82.  Spilling  garbage  or  refuse  prohibited.  It 
shall  be  unlawful  for  any  person  engaged  in  hauling 
rubbish  or  decaying  matter  of  any  kind,  to  permit,  allow  or 
cause  any  of  said  matter  to  fall  and  remain  in  the  str< 

[1  shall  be  unlawful  for  any  person  to  convey,  transport, 
or  haul,  through,  in  n  any  of  the  public   streets,  any 

garbage,    slops,    swill    <>r    other    refu  in    air-tight 

receptacles,  which  -hall  emit  no  noxious  or  offensive  "dors. 
[1    shall    be    unlawful    for    any    person    to    take,    receive, 
remove,  convey,   transport   or  haul,   garb;  ps,   swill 

other  refuse  from  hotels,  restaurants  or  clubs,  except  between 
the  hours  of   1-  o'clock  midnight   and  7  o'clock  a.   m. 

[1   <hall  be  unlawful   for  am  to  suffer,  permit   or 

allow  any  vehicle  loaded  with  garbage,  manure,  slops,  swill, 
or  "ther   refuse   to  be   or   remain    standing   upon    any    public 

Other   public   place   within   Salt    Lake 
City. 

I<    -hall   be  unlawful   for  any  person   to  keep,  conduct   or 
operate,    in    or    within    one    mile    of    the    limit-    of    Salt     1 

any   offensive   or   unwholesome   busim  blish- 

ment.      All    such    offensive    or   unwholi 

iblishments  are  hereby  declared  to  be  public  nuis 


380 

Sec.  83.  Penalty.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may  in  imposing  a  fine,  enter 
as  a  part  of  the  judgment,  that  in  default  of  the  payment 
of  the  fine  the  defendant  may  be  imprisoned  in  the. city  jail 
for  a  period  not  exceeding  thirty  days. 

DIVISION    OF    DAIRY   AND   MILK    INSPECTION. 

Sec.   84.      Powers   and   duties.      The    board    of    health    i^ 

hereby  empowered  to  enforce  all  ordinances  of  Salt  Lake 
City,  and  all  laws  of  the  state  of  Utah  now  in  force,  or 
that  may  hereafter  be  enacted,  relating  to  the  production, 
manufacture,  storage,  keeping  and  sale  of  dairy  and  cream- 
erv  ■  products ;  the  adulteration  of  the  same ;  the  housing, 
keeping,  feeding  and  care  of  animals,  the  products  of  which 
are  or  may  be  utilized  in  dairy  or  creamery  products.  The 
inspector  in  charge  of  the  division  of  dairy  and  milk 
inspection  or  his  duly  qualified  assistants,  shall  personally 
inspect  any  dairy  or  creamery  products  manufactured  or 
offered  for  sale  within  Salt  Lake  City,  which  he  may  suspect, 
or  have  reason  to  believe  impure,  unhealthy,  adulterated 
or  counterfeit.  He  shall  also  visit  and  inspect  the  various 
dairies,  creameries,  cheese  and  butter  factories  within  Salt 
Lake  City,  or  those  whose  products  are  sold  within  Salt 
Lake  City,  and  enforce  proper  sanitary  regulations  in  their 
management  and  surroundings.  When  a  complaint  is  made 
of  the  violation  of  any  law  relating  to  the  feeding  of 
unwholesome  food  to  cattle,  or  keeping  upon  the  premises 
cattle  afflicted  with  any  contagious  or  infectious  disease,  lie 
shall  immediately  investigate  said  charge  and  report  the 
results  of  his  investigation  to  the  board  of  health,  who.  if 
sufficient  cause  exists  therefor,  may  prosecute  any  person 
so  violating  any  ordinance  of  the  city  or  law  of  the 
state  in  this  regard. 


381 

Sec.  85.  Powers  of  board  of  health,  health  commissioner, 
inspectors,  agents,  chemist  and  counsel.  The  membei 
the  board  of  health  of  Salt  Lake  City; the  health  commissioner 
and  such  inspectors,  agents,  chemists  and  counsel  as  shall 
be  duly  authorized  for  the  purpose,  shall  have  access,  ingress 
and  egress  to  and  from  all  places  of  business,  factories,  farms. 
buildings,  carriages  and  cars  used  in  the  manufacture,  trans- 
portation or  sale  of  any  article  of  Eood  as  defined  in  this 
ordinance,  and  also  into  restaurants,  dining  halls,  cafes. 
hotels  and  all  rooms  thereof,  and  all  other  places  where 
food  is  prepared,  stored  or  served  to  patrons.  They  shall 
also  have  power  and  authority  to  open  any  package,  can  or 
vessel  containing  or  supposed  to  contain  any  article  manu- 
factured, sold  or  exposed  for  sale,  or  held  in  possession  with 
intenl  to  sell,  in  violation  of  the  provisions  of  this  ordinance 
or  other  laws  of  this  city,  and  may  inspect  the  contents 
thereof,   and   may   take   samples   therefrom    for   analysis.      All 

lers,  clerks,  bookkeepers,  express  agents,  railroad  offii 
employes    or    common    carriers    shall    render    them    all    the 
assistance    in    their   power,    when   so   requested,    in    trai 
finding  or  discovering  the  presence  <<i  any  article  prohib 
by  law.  and  in  securing  samples  thereof  a--  herein  provided. 
It    -hall    In-  unlawful    for  any   such   dealers,   clerk-,   book 
keepers,     express     agents,     railroad     official-,     employes,     or 
common    carriers   to    fail,    refuse    or    neglect    to    render    such 
friendly  aid.  or  to  furnish  such  sample  for  analysis,  as  ab 
provided. 

Sec.  86.  Sample  to  be  marked  or  sealed.  ["he  person 
taking  such  sample,  as  provided  for  in  this  ordinance,  shall 
mark   or   seal    such    sample    with   a  p  al    or   otherwise, 

and  shall  write  his  name  thereon,  and  number  said  sample 
SO  as  to  properly  identify  the  same,  and  shall  tender  to  the 
manufacturer   or   vendor  of   such    article   or    product,   or    the 

in  in  whose  control  or  possession  such  artich  duct 

may    be    at    the    time    the    same    i-    taken,    the    value    then 
but    if    the    persr>n    from    whom    such    -ample    i-    taken    shall 

26 


382 

request  him  to  do  so,  he  shall  at  the  same  time  and  in  the 
presence  of  the  person  from  whom  the  same  is  taken,  seal 
with  proper  seals  or  otherwise  two  samples  of  the  article 
taken,  on  each  of  which  said  samples  or  on  the 
seals  placed  thereon,  shall  be  placed  the  name  of 
the  person  taking  said  sample  and  also  the  number  above 
provided  for,  the  one  of  which  sample  shall  be  delivered  to 
the  person  from  whom  the  same  is  taken,  and  the  other 
shall  be  taken  by  the  person  so  procuring  the  same  to  the 
board  of  health,  for  delivery  to  the  city  bacteriologist,  the 
city  chemist  or  other  competent  person  designated  for  the 
purpose  of  making  examinations  or  analyses  of  samples 
taken. 

Sec.  87.  Sale,  care,  distribution,  etc.,  of  milk.  Every 
person   using  in   the   sale  or   distribution   of   milk   a    delivery 

in  or  other  vehicle  shall  from  May  1  to  September  30, 
inclusive,  each  year,  have  and  keep  over  said  delivery  wagon 
or  other  vehicle  a  covering  of  canvas  or  other  material,  so 
arranged  as  adequately  to  protect  the  contents  (hereof  from 
the  rays  and  heat  of  the  sun. 

No  person  shall  bottle  any  milk  upon  a  delivery  wa    ■  ' 
or   vehicle,   or   in   any  other   place   than   a   milk  house,   dairy 
or  other  building  where  milk  is  regularly  stored  and  sold. 

Milk  vendors  must  not  under  any  circumstances  what- 
ever wash  their  empty  cans  in  any  of  the  streams  or  ponds 
within  the  limits  of  Salt  Lake  City;  and  the  rule  under 
utensils,  concerning  the  washing  of  the  same,  must  be 
strictly    adhered   to. 

No  person  shall  give,  furnish,  sell  or  offer  for  sale,  or 
deliver  any  milk,  buttermilk,  whey,  sour  milk,  skimmed  milk 
or  cream  in  quantities  less  than  one  gallon,  except  in  sanitary 
bottles,  or  single  service  containers,  sealed  with  a  suitable  cap 
or  stopper,  except  where  milk  is  sold  at  a  milk  house  or  dairy. 
when  the  same  may  be  dipped.  But  the  milk  house,  dairy  or 
other  place  in  which  such  .milk  is  sold  shall  be  located  nol 
less  than   fifteen   feet    from   any  water  closet  or  privy  vault   or 


383 

my  horse  or  cow  stable,  or  any  chicken  or  poultry 
.  and  the  milk  house,  Jain  or  other  place  sha 
lom   which   is   not    used   for   am  than    the 

handling  and  sale  of  milk. 

No    person    shall    transfer    any    milk    intended    for    sale 
from  one  can.  bottle  or  receptacle  to  another  on  air 
alley  or  thoroughfare,  or  upon  any  deliver)    wagon  or  other 
vehicle,  or   in  any   .  place   in   the  city  of   Sail    1 

pt  in  a  creamery  milk  di 

Any  person  who  receives  milk  ■ 
or  \  .  er  an)    railroad   where   said  cans,  bottli 

re  to  be  returned,  before   returning"  thi  shall 

cause    the    said    cans,    bottles   or    ve  i    be    thoroughly 

washed,    cleaned    and    aired,    and.    when    possible,    to    stand 
inverted  in  the  sun. 

person    shall    remove    from    any    dwelling    in    which 

uy   communicabli  any   botl 

-    which    have    been    or    which    are    to    be    used    for 

ring  milk,  except  by  permission  of  the  health 

er. 

\'o   person    shall    use    any    paper    milk    ticket    more    than 

shall    be   unlawful    to  fill   or    refill    with    mill 
ther    milk    product.    an)  ir   or    bottle    hat 

any   person,    firm   or  corporation    blown    thet 
any   private   mark   or   mark-  vely.   branded,    -tan 

etched    or    blown    therein:  that    tl 

tion   shall   m  I  to  the  person   whose  nan 

mar!  >wn    in    such  .ir    or    1'  r    to    a    d 

authorized     agent     or    emplo 

No 

dt    from    the   hoard    of    health. 

No    pcr- 
their   or   it-  ion    with    intent    to   sell,  any 

milk,    buttermilk,    whey,    sour    milk,    skimmed    milk 


384 

Dutch  cheese  or  other  milk  product  in  quantities  exceeding 
one  gallon  unless  the  can  or  receptacle  containing  the 
same  is  securely  sealed  by  lock  and  chain  wire  or  other 
efficient  contrivance ;  provided,  however,  that  a  person  engaged 
exclusively  in  the  wholesale  delivery  of  milk,  and  milk 
products  from  wagons  not  carrying  milk  bottles,  may  deliver 
the  same  from  unsealed  cans  or  receptacles :  and  provided, 
further,  that  said  wagon  or  wagons  shall  have  inscribed 
conspicuously  thereon  in  plain  letters  not  less  than  three 
inches  in  height,  the  words  "Wholesale  only." 

Sec.  88.  Condemnation.  After  such  permit  shall  have 
been  granted,  the  board  of  health  of  said  city  shall  have 
power  to  condemn  milk  whenever,  upon  inspection  of 
premises  and  vessels  and  test  of  milk,  it  shall  be  found  that 
such  premises  or  vessels  are  not  kept  in  good  sanitary 
condition,  or  that  the  milk  does  not  meet  the  requirements 
of  the  ordinances,  and  the  rules  adopted  by  the  board  of 
health .  It  shall  be  unlawful  for  any  person  to  sell  or  offer 
for  sale  any  milk  so  condemned,  and  the  board  of  health  may 
revoke  any  permit  issued  for  any  violation  of  the  ordinances. 

Sec.  89.  Quality  of  butter,  milk,  skimmed  milk,  cream, 
ice  cream,  etc.  Butter  of  standard  purity  shall  be  butter  made 
from  normal  milk  or  cream  free  from  all  kinds  of  additions 
except  salt  and  harmless  coloring  matter,  and  shall  contain 
not  less  than  eighty  per  cent  butter  fat.  And  on  each  package 
of  butter  manufactured  and  offered  or  exposed  for  sale 
in  Salt  Lake  City,  shall  be  stamped  upon  the  wrapper  or 
package  the  name  and  address  of  the  maker  thereof,  and 
the  actual  number  of  ounces  contained  in  said  wrapper  or 
package  at  the  time  of  its  manufacture,  and  in  case  the 
name  which  appears  upon  the  label  is  not  that  of  the  actual 
manufacturer  or  producer  or  the  name  of  the  place  of  the 
manufacturer,  the  words  "Packed  For,"  or  "Distributed  by," 
shall  appear  on  the  same. 

It  shall  be  unlawful  for  any  person  to  offer  for  sale,  or 
have    in    his,    their    or    its    possession    with    intent    to    sell. 


385 

reworked  butter  or  mixed  butter,  unless  the  same  is  plainly 
marked  "Reworked  butter;"  and  ii  shall  In-  unlawful  [or 
any  person  to  offer  or  expose  for  sale  any  iul>  bui 
packing  stock  or  ladles  remolded  into  prints,  rolls 
unless  the  same  is  plainly  marked  "Reworked  butter;"  and 
it  ^hall  be  unlawful  for  any  person,  to  offer  or  expose  for 
for  sale  reworked,  mixed  or  remolded  butter,  and  to  mark 
<>r  print  such  butter  with  the  stamp  of  any  creamery,  or 
with    the    words    "creamery    butter." 

Sec.  90.  Milk,  butter  and  cheese.  It  shall  be  unlawful 
for  any  person  to  keep  at  any  place  where  milk,  butter  or 
cheese  is  sold,  or  to  sell  or  deliver,  or  offer  or  have  for 
sale,  or  keep  for  use,  or  to  bring  to  Salt  Lake  City  any 
unwhoU-some.  skimmed,  watered  or  adulterated  milk, 
milk  known  as  swill  milk,  or  brewer's  malt  milk,  or  milk 
from   cows   or   Other  animals,    which    for   the    most    pari    have 

kept  in  stables,  or  have  been   fed  on  swill  or  I 
malt;  or  milk   from   sick  or  diseased  >r  other  animal-, 

or  any  butter  or  cheese  made   from   any   such   milk:  or   an) 
unwholesome  butter  or  chei 

Sec.   91.      Milk.      Inspection   of.      Adulteration.      Dairies. 
Scoring,  etc.     It   shall  be  unlawful  for  any  person  to  brin 
send    into    Salt     Lake    City    for    -ale.    either    at    wholesale    or 
retail,   or    to   offer    for   sale,   or    have    in    hi-  ion    with 

intent  to  sell  therein,  any  milk  without  having  obtained  from 
the   -aid   board   of  health,   annually,  a  permit   in    writing   - 
do.     Such  permit  shall  be  given  by  -aid  board  of  health  when 
upon  inspection  of  the  premises  whet  are  kept.  ins| 

tion   of   the  hold   such   milk,  and   test   of  the 

milk,  it  shall  appear  that  said  premises  and  kept 

in  g 1  sanitary  condition,  that  the  milk  meets  the  require- 
ments of  the  ordinances  of  the  city  ami  rules  ,,f  the  I 
health,  and  upon  condition  that  none  but  pure,  unadultci 
and    undiluted    milk    shall    be    -obi. 


386 

All  dairymen  selling  milk  or  cream  in  the  city  of 
Salt  Lake  shall  furnish  the  board  of  health  a  certificate 
from  the  state  veterinarian  or  United  states  government 
inspector,  showing  that  cows  furnishing  milk  or  cream 
brought  within  the  city  limits  to  be  sold  or  otherwise 
disposed  of  for  human  food,  are  tree  from  tuberculosis  or 
other  dangerous  disease,  and  annually  thereafter  all  such 
cows  shall  be  subjected  to  the  tuberculin  test  by  either  the 
board  of  health,  the  state  veterinarian  or  U.  S.  government 
inspector,  and  all  reacting  animals  shall  be  excluded  from 
the  herd  and  isolated. 

No  person  shall  bring  into  the  city  for  sale,  or  shall  sell 
or  offer  for  sale,  <>r  have  in  his,  their  or  its  on   with 

intent  to  sell,  any  milk  which  has  been  obtained  from  any 
milk  dealer,  dairyman  or  other  person  not  having  a  permit 
from    the   board   of   health   of   Salt    Lake   City. 

Any  dairyman,  milk  dealer  or  other  person,  upon  appli- 
cation to  the  board  of  health  for  a  permit  to  sell  or  deliver 
milk,  shall  file  a  sworn  statement  giving  his  name  and 
address,  the  number  of  cows  he  owns  or  has  charge  of, 
the  average  amount  of  milk  (estimated)  sold  by  him  < 
day,  the  names,  addresses  and  permit  numbers  of  all  persons 
from  whom  he  buys  milk,  the  average  amount  of  milk 
le-timated)  sold  by  each  of  them  each  day.  and  the  number 
'if  cows  owned   by  or  in  charge  of  each. 

That  all   wholesale  dairymen  and  other  persons  havin 

mary  place  of  business,  keeping  and  offering  for  sale 
milk  in  Salt  Lake  City,  shall  at  all  times  keep  the  name 
'>r  names  of  the  dairyman  or  dairymen  from  whom  the 
milk  on  sale  shall  have  been  obtained,  posted  in  a  conspicu- 
ous place  where  such  milk  ma\    be  sold  or  kept    for  sale. 

It  shall  be  the  duty  of  the  board  of  health  to  visit  or 
cause  to  l>e  visited  as  frequently  as  it  deem-  m  essary,  all 
dairies  supplying  dealers  and  consumers  in  Salt  Lake  Citj 
with  milk,  and  inspect  and  score  the  same  according  to  the 
■-core  card  authorized  by  the  bureau  of  animal  industry 
of   the    United    State-    Department   of  Agriculture,    which    is 


hereby    made    a    part    of    this    ordinance.      A    i  the 

score  card  shall  be  left  with  the  owner,  and  such  information 
given   .is   will   assist    the   pn  the   sanitary 

conditions  <>r  remedy  Midi  d<  trd  indie; 

A  copy  of  the  score  card   shall   I 
of  the  board  of  health. 

Milk  and  cream  from  dairies  falling  : 
in  the  rating  as  indicated  by  thi  ard  will  be  i 

from   sale  in   Salt    Lake  City  dnr  nd   milk 

ream    from   dairies   falling   below    fil 
eluded  fn  in  Salt  during  the  year  1910  and 

r :  milk  m  dairies  falling  below  sixty 

will  me   1st, 

1913. 

..    in   the   sale   or  distribul  milk 

a   delivery    wagon   or   other 
all    times    clean    and    free    from    any 
laminate  or  injure  the  Ik. 

All  butter  that  has  been  in  cold  sti 

ill    have    stamped    in    plain    Utter-    and 
en    each    In  in    the    date    when    stored. 

by    hin  by    hi-    agents 

shall   -ell.  of 

with   iiu  11   in   Salt    I 

mile--    the    -  all    havi 

.  roll.  prii 

than  one-half  inch  in  he  1   tint   ha 

the  id  and  dairy  commis 

by  tl  the  S  f  I  'tali. 

I    in    an 
•he   addil  the 

r   shall    any 


388 

Milk  and  cream,  as  used  in  this  ordinance,  shall  be 
deemed  to  be  adulterated  in  any  one  of  the  following  cases: 

(a)  Milk  containing  more  than  eighty-eight  per  cent 
of   water   or   fluids. 

(b)  Milk  containing  less  than  twelve  per  cent  of  milk 
solids. 

(c)  Milk  containing  less  than  three  and  two-tenths 
per  cent  of  fats. 

id)  Milk  drawn  from  animals  within  twenty  days 
before  or  five  days  after  parturition. 

(e)  Milk  drawn  from  animals  fed  on  distillery  waste, 
or  any  substance  in  a  state  of  fermentation  or  putrefaction, 
or   any  unwholesome   food. 

(f)  Milk  drawn  from  cows  kept  in  a  crowded  or  un- 
healthy condition. 

(g)  Milk  from  which  any  part  of  the  cream  has  been 
removed. 

(h)  Milk  which  has  been  diluted  with  water  or  any 
other  fluid,  or  to  which  has  been  added,  or  into  which 
has   been    introduced   any   foreign    substance    whatever. 

(i)  Milk  the  temperature  of  which  is  higher  than  55 
degrees  Fahrenheit,  or  which  contains  an  excess  of  bacteria; 
provided,  that  the  provisions  of  this  subdivision  relating  to 
temperature  shall  not  become  effective  before  October  1. 
1909:  after  that  date,  all  milk  found  to  have  a  higher  tempera- 
ture than  55  degrees  Fahrenheit,  the  commissioner  or  any 
officer  of  the  health  department  may  seize,  denature  and 
destroy. 

(j)  Milk  having  a  specific  gravity  of  less  than  one  and 
twenty-nine    thousandths    at    60    degrees    Fahrenheit. 

(k)      Milk  containing  any  pathogenic  bacteria. 

il)  Milk  containing  any  boracic  or  salycylic  acid,  for- 
maldehyde or  other  foreign  chemical,  or  any  preservative 
whatsoever. 

(m)  Milk  containing  bacteria  of  any  kind,  more  than 
two  hundred  fifty  thousand  per  cubic  centimeter. 


MM      Milk  drawn  from  any  cow    having  a  communii 
disease,   or    from   any   cow    or   cows   in    a   herd    which 
tains    an)     diseased    cattle,    or    from    a    cow    or    cows    in    a 
herd  the  attendants  of  which  are  afflicted  with  or  have  b 
exposed  to  anj   communicable  disease. 

Any  milkman,  dairyman,  being  afflicted,  or  any  mem- 
ber of  whose  family  is  afflicted  with  a  communicable 
disease,  shall  report  the  same  to  the  hoard  of  health  within 
twenty-four  hours  after  he  knows  or  has  reason  to  suspect 
such  communicable  disease,  and  said  board  shall  take  such 
steps  as  are  prescribed  by  the  local  or  state  board  of 
health  for  the  prevention  of  the  spread  of  said  communicable 
disease  by  the  said  milkman,  dairyman,  his  family,  hired 
help  or  their  family. 

No   milk   or   cream   shall   he   sold   or   dispensed   as    i 1 

from   any    house,   store,   shop,   dairy   or   other   place,   in   which 
there  is  a  case  of  contagious  or  infectious  disease   as  .1 
said,   until   all   danger  of  0  nl  1    has   hern    rei  and 

tission  in  writing  is  obtained  from  the  hoard  of  health, 
authorizing  the  sale  of  milk  or  cream  from  said  house,  shop, 
or    from    said    dairy    or   other   plac 

No  person  shall  store  any  milk  in  any  basement,  cellar. 
milkhouse,  dairy  or  other  place  unless  such  place  is  well 
lighted  and  ventilated,  and  if  such  room  or  space  is  a  cellar 
or  subcellar  or  is  located  in  a  cellar  or  subcellar,  the  same 
shall   he   properly   concreted,   guttered   and   drain. 

No  pers,  ,n  shall  st,,re  any  milk  in  any  basement,  cellar. 
refrigerator,  milkhouse.  dairy,  or  other  place  which  is  within 
fifteen    (15)    feet   of  any   closet  or  privy   van'  I   or 

any  horse  or  cow  stable  or  any  chicken  or  poultry  yard  or 
coop,  . 

No    pers,  ,n    shall    bring    into    Salt     Lake    City    for 
or    sell,    or    offer    for    sale,    or    have    in    his  .11    with 

intent  to  sell,  milk  from  which  the  cream  has  been  removed. 
either  in  whole  or  part,  unless  sold  as  skimmed  milk,  and 
unless   on   both   sides  of  the   vehicle   from   which   such   milk 

ild   there  is  displayed   in   letters   not    less   than    four   in 


390 

in  height  the   words,  "Skimmed  Milk."     If  not   sold   from   a 

vehicle,  upon  each  and  every  vessel  from  which  such  milk 
is  sold  there  shall  be  painted,  at  least  two  inches  in  height 
or  displayed  in  plain  and  legible  manner,  the  words 
"Skimmed    Milk." 

No"  person    shall    bring    into    the    city    for    sale,    or 
or   offer   for   sale,   or   have   in    his   or   their  on    with 

intent    to    sell,    an\     so-called    skimmed    milk    containing 
than  nine  and   five-tenths  per  cent  of  milk  solids,  and  nol 
exceed    an    acidit)    corresponding    3    C.    C.    of    normal    1-10 
solution    of    soda    per    100    cubic    centimeters      if    milk,    and 
must    be    delivered    to    purchasers    at    the    same    temperature 
as   provided    in    this   ordinance    i  I    milk. 

i;  shall  be  unlawful  for  an)  person  to  ship  or  trai 

i  ity,  for  sale  or  deliver)  -  human 

!.  any  milk  or  cream  except   in  sanitary   I 
service  containers  unless  the  container  in  which  tin 
shipped  or  transported  is  sealed  with  a  suitable  seal. 

.Manufacturers    who    make   affidavit   in    the   form    to   be 

prescribed    by    the    board    of    health    that    the    skimmed    milk 

they    handle    will    not    be    sold    at    retail    as    milk,    but     solely 

used    for  manufacturing  purposes,   shall   lie  exempt    from   the 

I  in  '\  isi<  'its. 

Any    person     who    shall     have    in    his    possession     with 
intent    to    sell,    exchange    or    deliver    skimmed    milk,    in    any 
manner  other  than  ;,-   above   prescribed,   shall    b<     sub j ■ 
the    same    penalties    as    are    provided    for    the    sale    of    whole 
milk    in    quality    contrary     to    this    ordinance. 

No    person    shall    bring    into    Salt     Lake    city    or 

p,   sell   or   offer   for   sale,   or   have   in    his    p :ssion    witli 

intent  .to    sell    any    cream    to    which    an)  n    substance 

has  been  added  or  containing  less  than  IS  per  cent  butter 
fat.  and  when  sold  to  any  person,  must  be  truly  represented, 
as  to  it-  being  "coffee"  or  "whipping  cream"  with  the 
acidity   nol    greater  than   14  degrei 

The  term   cream,  mean-  that    portion   of   milk   represented 
in    milk    fat    which    rises   to   the   surface   of   milk    •  'ti    standing 


101 

parated  from  it  by  centrifi  ce  and  vvhicli 

and   clean. 

All  -  of   milk   or  cream    taken   or   brought    : 

if    the    board    of    health,    by    any    ins 
analyzed    "r   otherwise    satisfactorily    tested,    and    when 
said    milk    or   crcan:  .    shall    be    found 

violati  any    of    the    provisions    of    this    ordinance,    the 

nec<  shall    be    taken    for   the 

ilating  the  same.     An  accur 

-     and   shall    : 
i   matter  of  public  information. 

Sec.   92.      Ice   cream.      All    ii  m    main 

ty     must    confori 
standard-  purity: 

All  informing  t"  the  standard  In  - 

terated. 
ntemplated  in   ih 
net    made    from    cream    and 
ral    flavoring,  and   must 

if  milk  fat. 
Fruit    i( 
a  fn  ugar,  and   sound 

ntain   m 

\u;  am    as  !    in    tin 

d    nuts,    and    shall 

■    ;.   that    the   sale   of 
with    gelatin    i 

■ 


392 

ice  cream  in  any  form  at  retail  shall  place  conspicuously, 
within  plain  view  of  customers,  a  legible  sign  indicating  the 
quality  of  ice  cream  in  accordance  with  the  above  standards, 
so  sold  < >r  dispensed  in  said  establishment. 

Ice  cream  must  be  made  and  stored  in  sanitary  premises. 

It  must  not  be  made  or  stored  in  living  rooms. 

Strict  precautions  must  be  taken  as  to  protection  from 
contamination. 

Cases  of  infectious  disease  where  ice  cream  is  sold  or 
manufactured    must    be    reported. 

The  name  and  address  of  the  maker  must  appear  on 
street  barrows  or  ice  cream   carts. 

Sec.  93.  Additional  rules.  The  board  of  health  shall 
have  and  is  hereby  given  power  to  make  such  further  rules 
and  regulations  as  shall  be  deemed  necessary  by  such  board 
for  the  carrying  out  and  enforcement  of  this  ordinance,  and  all 
of  the  laws  or  ordinances  relating  to  the  public  health  in 
connection  with  restaurants,  hotels,  bakeries,  slaughter 
houses,  packing  plants,  confectionery  or  ice  cream  plants,  or 
any  place  where  any  food  or  drink  products  are  manu- 
factured,  stored,   deposited,   sold   or   offered   for   sale. 

Sec.  94.  Manner  of  marking  milk  wagons.  It  shall 
be  unlawful  for  the  owner  of  any  milk  wagon  used  in  Salt 
Lake  City  for  the  delivery  or  sale  of  milk,  to  fail  to  have 
the  name  of  the  owner,  the  number  of  his  permit,  and  the 
location  of  the  dairy  printed  on  said  wagon  in  a  conspicu- 
ous place,  and  in  a  plain  and  legible  manner. 

Sec.  95.  Milk  to  be  graded.  All  milk  held  or  kept 
for  sale,  offered  for  sale  or  sold  and  delivered  in  Salt  Lake 
City,  shall  be  so  held,  kept,  offered  for  sale  or  sold  and 
delivered  under  either  or  any  of  the  following  grades  or 
designations  and  tinder  no  other  and  in  accordance  with 
such  rules  and  regulations  as  may  be  adopted  by  the 
board   of   health. 


Sec.    96.      Market   or   Class   "C"   milk.      This    term    shall 
be  applied  to  cows'  milk  which  conforms  to  the  requirements 
of  Section  91  of  this  ordinance  and  which  does  npt  meet  the 
requirements  of  milk  sold  under  other  grades  or  designati 
herein    provided    for. 

Sec.  97.     Selected  or  Class  "B"  milk.     Is  milk  produced 
by  dairies  holding  a  special  permit  therefor  from  the  board  of 
health,  and   conforming   to   Sections   91    and   95   of  this 
dinance,  in  addition  to  which, 

Such    milk    shall    never    contain    i:  n    eighty 

thousand  bacteria  per  cubic  centimeter. 

(b)  Such  milk  shall  be  delivered  to  the  consumer  onlj 
in  bottles  or  single  service  containers  sealed  with  a  suitable 
cap.  which  shall   have  been   filled  at  the  dairy  or  creai 
and   shall   be  labeled   with   the  name  of  thi  or  creamery 
and  the  grade  of  milk. 

(c)  Such    milk    shall    be    delivered     to    the    consu 
within  thirty  hours  after  milking. 

Sec.  98.     Class  "A"  milk.     Is   milk  produced  by  dairies 

holding  a  special  permit  therefor  from  the  board  of  health, 
and  conforming  to  Sections  <t\  and  95  of  this  ordinance,  in 
addition  to  which. 

All  COWS  shall  be  examined  clinically  at 
every  month  by  a  veterinarian  from  the  department  of  health, 
all  cows  with  any  disease  or  any  pathological  condition 
eluded  from  the  herd  and  premisi 
ihi  Such  milk  shall  not  contain  more  than  fifteen  thou- 
sand bacteria  per  cubic  centimeter  when  delivered  to  the 
consumer. 

Such  milk  -hall  be  delivered  to  tin-  consumer 
in   b  1   with  a   suitabli 

tainers   which   shall   be   filled   at    the  dairy  and 

-hall  bear  a  label  giving  the  name  of  the  dairy. 


394 

milk  and  the  date  of  the  earliest  milking  at  which  the  milk 
forming  part  of  the  contents  was  drawn. 

(di  Such  milk  shall  be  delivered  to  the  consumer  with- 
in twenty-four  hours  after  milking. 

(e)  That  all  employes  shall  be  subject  to  regular 
examination  by  an  officer  of  the  board  of  health. 

if)  All  dairies  supplying  Class  "A"  milk  shall  score 
at  least  85  points,  according  to  the  authorized  score  card. 

Sec.  99.  Pasteurized  milk.  Pasteurization  of  milk 
must  be  carried  out  under  a  permit  therefor  issued  by  the 
board  of  health,  in  addition  to  the  usual  permit  for  milk 
required  by  this  ordinance. 

(a)  Xo  milk  or  cream  shall  be  u>ed  for  pasteurization 
that   does   not   comply    with   the   requirements   of  this   ordin- 

for  milk  and  cream,  except  that  milk  or  cream  from 
dairies  scoring  net  less  than  50  by  the  score-card  and  con- 
taining not  more  than  500,000  bacteria  per  cubic  centimeter 
may  be  pasteurized. 

(b)  Only  such  milk  and  cream  shall  be  regarded 
pasteurized  as  has  been  subjected  to  a  process  in  which 
the  temperature  and  exposure  conform  to  the  following: 
Heated  to  one  hundred  and  forty-five  degrees  Fahrenheit, 
and  held  at  this  temperature  for  twenty  minutes,  or  heated  to 
one  hundred  and  fifty-five  degrees  Fahrenheit  and  held  at 
this  temperature  for  five  minutes. 

(c)  The  pasteurized  product  shall  lie  cooled  at  once 
to  a  temperature  of  fifty-five  degrees  Fahrenheit  or  less.  This 
cooling  shall  be  -.,>  ci  inducted  .  that  the  pasteurized  product 
is  not  exposed  to  the  air  or  other  contamination. 

(d)  Pasteurized  milk  must  be  delivered  to  the  con- 
sumer within  forty-eight  hours  after  pasteurization. 

(e)  All  bottles  in  which  pasteurized  milk  is  delivered 
to  the  consumer  shall  be  plainly  labeled  "pasteurized."  The 
labels  must  also  bear  the  date  and  hour  when  the  pasteuriza- 
tion was  completed,  the  degree  of  heat,  the  length  of 
time   exposed   to  the  heat,  and   the   name  of  the  dealer. 


(f)      No  milk  shall  In-  pasteurized  the  second  ti 

Pasteurized    milk    after    leaving    the    pasteuri 
machine  shall  not  contain  more  than   fifty  thousand 
per  cubic  centimeter. 

ih  i      Pasteurized    milk    must    bi 

Fahrenheit  up  to  the  time  of  delh  mer. 

Automatic  temperature 
in  the  pasteuri; 
are  ittached    and   kej 

health   department. 

Applications     for    permits    to    pasteurize     mil 
cream    will    not    be    received    until    all    forms    of    appai 
connected     with    the    preparation    of    milk  m    shall 

have  been  tested  and  tin-  pi  pproved  by  tin.-  b 

health. 

\.    B   and    C   milk    may    be    pasteurized 
cordii  these    regulal  such    pasteui 

bs     \.    B   ami   ('   milk   shall    meet    all    the   requirement 
these  grades  both  before  ami  after  pasteurization. 

I  In     and     after     June     1,     1913,     milk     or     cream 
which  has  been  heated  in  any  degree   will   not   b 
to   be   -'hi    in    Salt    Lake   City    unless    the    heath  rms 

with   the   requirements  of   tin-  ordinance   for  the   pasteui 
tion   of   milk. 

All    permits    for    the    sale   of    milk    required    by    la 
ordinance    anil    heretofore    issued    by    the    board    of    health 
.•r    the    food    anil    dairy    commissioner,    -hall    expire    on    the 
first    'lay    of    May,    1913,    and    annually    thereafter    the    b 
■  if  health   shall,  subj  the  requirements  of  law   and   the 

ordinance-    of    the    city,    issue    all    such    permit 

that    all    permits    expiring    December    .^  1  -t 
and    extended   by    the   provisions  of   tin-   ordinal 

[uirements  of  law.  the  ru 
of    health    and    the    ordinan  for    and    du 

the    period    "f    time    extended 


-  -  ■  ~  - "  - 

- 

-    - 

i     - 
! 

sd  fooi  ixs?Ecn : 

- 

- 


- 
■ 

: 

-     . 

■ 

-    - 

.  -     .  -     .  . 

- 


- 

-"  -  " 

-   . 

- 

- 
- 

- 
- 
-  -  - 

keey    rs  ,       - 

Sec.    102.    San  irked  or 

5    - 
- 
- 

- 
- 

- 
- 
- 

- 

- 


398 

shall  be  delivered  to  the  person  from  whom  the  same  is 
taken,  and  the  other  shall  be  taken  by  the  person  so  procur- 
ing tli l-  same  to  the  board  of  health,  for  delivery  to  the  city 
bacteriologist,  the  city  chemist,  or  other  competent  person 
appointed  for  the  purpose  of  making  examinations  or  an- 
alysis of  samples  so  taken. 

Sec.   103.     When  deemed  adulterated.     For  the  purpose 

of  this  chapter  an  article  shall  be  deemed  to  be  adulterated: 
In  the  case  of  foods  : 

1.  If  any  substance  has  been  mixed  or  packed  with  it  so 
as  to  reduce  or  lower  or  injuriously  affect  its  quality  or 
strength  ; 

2.  If  any  substance  has  been  substituted  wholly  or  in 
part  for  the  article  ; 

3.  If  any  valuable  constituent  of  the  article  has  been 
wholly  or  in  part  abstracted; 

4.  If  it  be  mixed,  colored,  powdered,  coated,  or  stained 
in  a  manner  whereby  damage  or  inferiority  is  concealed; 

5.  If  it  contain  any  added  substance  or  ingredient  that  is 
poisonous  or  injurious  to  health; 

6.  If  it  contain  any  added  antiseptic  or  preservative  sub- 
stance except  common  table  salt,  saltpeter,  cane  or  beet  sugar, 
vinegar,   spices,  or   wood  smoke:   provided,  that   when   in   the 

preparation  of  f 1  products  for  shipment  they  are  preserved 

'>v  any  external  application  applied  in  such  a  manner  that  the 
preservative  i-  necessarily  removed  mechanically  or  by  macer- 
ation in  water  or  otherwise,  and  the  directions  for  the  removal 
of  said  preservative  shall  he  printed  on  the  covering  of  the 
package,  the  provisions  of  this  chapter  shall  he  construed  as 
applying  only  when  the  said  products  are  ready  for  consump- 
tion. 

7.  If  it  consist  in  whole  or  in  part  of  a  filthy,  decom- 
posed, or  putrid  animal  or  vegetable  substance,  or  any  portion 
of  any  animal  unfit  for  food,  whether  manufactured  or  not, 
or  if  it  is  a  product  of  a  diseased  animal,  or  one  that  has  died 
otherwise  than  l>v  slaughter; 


399 

8.  [f  it  be  sweetened  b)  saccharine  or  other  artificial 
etening. 

In  the  ca 

[f  ii  contain  terra  alba,  barytes,  talc,  chrome  yellow, 
paraffine,  or  other  mineral  substance  or  poisonoi 

r.  or  other  ingredient  deleterious  or  detrimental  to  health, 
or  any  vinous,  malt,  or  spirituous  liquor,  or  compound  <>r 
narcotic  dn 

In  the  case  of  drugs 

[f  its  strength  or  purity  fall  below  the  professed  standard 
cr  quality  under  which  it  is  - 

Sec.  104.     Standard  of  wholesome  food  defined.     Sale  of 
unwholesome    food    prohibited.      The    standards    of    quality, 
purity   and    strength   of    food,   liquors   and    drinks    thai    have 
been  or  shall  hereafter  be  adopted  by  the  L'nitei 
partment    of    agriculture,    arc    hereby    decla  the 

standards  of  purity  and  strength  of  foods,  liquors  and  drinks 
in  Salt  Lake  City,  and  said  standards  of  quality,  purity  and 
strength  of  food,  liquors  inks  adopted   by  thi 

lepartment  of  agriculture  arc  hereby  made  a  pai 
this    ordinance,    except    where    otherwise    particularly 
fied.     It  shall  be  unlawful   for  any  person  ti 
to  be   brought    within   the  lin  Salt    Lake  city. 

or  hold  for  sale,  or  sell,  or  have  in  ■  her 

at  wholesale  or  retail  in  any  private  or  public  mai  >ther 

place  in  said  city  any  meat,  fowl,  or  fish  that  died  b) 
or  accident,  or  any  arti.  id   intended   for  human 

sumption,  except  such  as  is  healthy,  fresh,  sound,  wh 
and  safe  for  human   i 

Sec.  105.  Unwholesome  food  or  drink,  and  sanitary  con- 
dition of  restaurants,  hotels,  etc.  It  shall  be  unlawful  for  the 
man  :   any  hi 

r  "ther  public  place  whi 
iny  clerk,  agent   "r  servant  the: 

drink,   ^r   t"   be   eaten   '>r   drunk 


400 

unwholesome  substance;  and  whenever  it  is  determined  by 
said  inspector  that  filthy  or  unsanitary  conditions  exist,  or 
are  permitted  to  exist  in  the  operation  of  any  hotel,  restau- 
rant, saloon  or  boarding  house,  or  other  public  place  where 
food  or  drink  is  sold,  or  any  place  where  any  food  or  drink 
products  are  manufactured,  stored,  deposited,  sold  or  offered 
for  sale  for  any  purpose  whatever,  the  proprietor  or  proprie- 
tors, owner  or  owners  of  such  restaurant,  hotel,  bakery, 
confectionery,  or  any  person  or  persons  owning  or  operating 
any  plant  where  food  or  drink  products  are  manufactured, 
stored,  deposited,  sold  or  offered  for  sale,  shall  be  first 
notified  and  warned  by  the  inspector  to  place  such  restau- 
rant, hotel,  bakery,  confectionery  or  ice  cream  plant,  or  any 
other  place  where  food  or  drink  products  are  manufactured, 
stored,  deposited,  sold  or  offered  for  sale,  in  a  sanitary  con- 
dition, within  a  reasonable  length  of  time;  and  any  person 
or  persons  owning  or  operating  any  such  restaurant,  hotel, 
bakery,  confectionery  or  ice  cream  plant,  or  any  place  where 
any  food  or  drink  products  are  manufactured,  stored,  de- 
posited, sold  or  offered  for  sale,  failing  to  obey  such  notice 
and  warning  shall  be  guilty  of  a  violation  of  this  ordinance. 
"It  shall  be  unlawful  for  any  person  affected  with  tuberculo- 
sis, syphilis,  or  any  communicable  disease  to  be  employed  in 
any  bakerv,  hotel  or  restaurant  as  cook  or  waiter  or  in  any 
other  capacity  which  requires  the  handling  of  food." 

Sec.  106.  Sale  of  calf,  pig  or  lamb  under  certain  age 
prohibited.  It  shall  be  unlawful  for  any  person  to  bring,  or 
cause  to  be  brought  within  the  limits  of  Salt  Lake  City,  or 
to  offer  or  hold  for  sale  as  food  within  said  city,  any  calf, 
pig  or  lamb  or  the  meat  thereof,  which  at  the  date  of  killing, 
being  a  calf,  was  less  than  four  weeks  old,  or  being  a  lamb, 
was  when  killed  less  than  eight  weeks  old.  or  being  a  pig, 
was  when   killed   less  than   five   weeks  old. 

Sec.  107.  Sale  of  diseased  cattle  as  food  prohibited.  It 
shall  be  unlawful  for  any  person  to  kill  or  cause  to  be  killed 


401 

for  human  food,  anj   cattle  in  anj    feverish  or  diseased 
dition,  and  all  such  diseased  cattle  within  the  limits  of  Salt 
Lake  City  and  the  place  where  found,  and  their  disease  shall 
be  at  once  reported  to  the  board  of  health  by  the  owner  or 
custodian  there,  if, 

Sec.  108.  Feeding  swine  on  unwholesome  food  prohibited. 
1 1    >hall   be  unlawful    for  any   person   owning   swine   to   feed 

or    permit    the    feeding   of    the    same    upon    meat,    bl 1    or 

entrails  in  a  putrid  or  decayed  state,  or  upon  any  f 1  c; 

lated  to  engender  disease  in  the  flesh  of  such  animal. 

Sec.  109.  Putrid  meat,  fish,  game  or  fowl  as  food.  It 
shall  be  unlawful  for  any  person  to  hold  for  sale,  offer  for 
sale  or  luiy  fur  food,  or  sell,  or  have  in  his  possession  with 
intent  to  sell,  or  hold  or  keep  in  any  market,  public  or  pri- 
or in  an)  public  place,  any  cased,  blown,  rai 
stuffed,  putrid,  impure  or  unwholesome  meat,  fish,  garni 

fowl. 

Sec.  110.  Unwholesome  meat  to  be  destroyed.  It  shall 
be  unlawful  for  any  person  to  expose  for  sale  or  sell  in  any 
market,  house,  shop,  or  elsewhere,  any  tainted,  putrid  or 
unwholesome  meat  or  provisions;  and  it  shall  be  and  is 
hereby  made  the  duty  of  the  inspector  to  forthwith  - 
and  confiscate  all   such   meat   and   provisions. 

Sec.  111.  Water  for  drinking  purposes.  It  -hall  he 
unlawful  for  any  person  to  allow  to  run  or  pass  into  any 
water  pipe,  any  animal,  vegetable  or  mineral  substance 
whatever,  or  to  do  or  permit  to  he  done,  any  act  or  thing 
that  will  imperil  the  purity  of  any  water  used  for  drinking 
purpi 

Sec.    112.      Ice.      Application    to    sell.      It     shall    be    uu 
lawful   for  any  person,  firm  ration   t  e   in   the 

business  of  retailing  and  selling  any  ice  from  hou 


402 

or  to  hotels,  restaurants,  saloons  or  other  places  where  such 
ice,  sip  sold  and  delivered,  may  be  used  in  contact  with 
articles  of  food  or  drink  (  which  use  is  hereinafter  referred 
to  as  "domestic  use"),  without  first  filing  annually  a  written 
application  with  the  board  of  health  for  a  permit  therefi  r, 
stating  in  such  application  the  place  or  places  where  such  ice 
is  to  be.  or  has  been  cut  or  gathered,  the  means  of  delivery, 
the  location  of  the  storage  thereof,  or  places  from  which 
such  ice  is  to  be  delivered,  and  the  quality  of  the  ice  intended 
to  be  sold.  Such  application  shall  lie  verified  by  the  oath 
of  the  applicant;  or  if  the  applicant  is  a  firm  or  corporation. 
by  the  oath  of  a  member  of  the  firm  or  some  officer  of  the 
corporation;  and  the  person  verifying  shall  state  under  oath 
that  the  matters  stated  in  the  application  are  true.  Such 
application  shall  he  likewise  accompanied  by  a  tie  of  five 
($5.00)  dollars,  which  upon  issuance  of  the  permit  herein 
referred  to.  shall  be  by  the  board  of  health  covered  into  the 
city  treasury.  Upon  refusal  of  such  permit  by  the  board 
of  health  the  fee  deposited  shall  be  returned  to  the  appli- 
cant. 

Sec.  113.     Standard  for  domestic  ice.     All  ice  to 
and   delivered    within    Salt    Lake   City   for  domestic   use.   shall 
be   pure   and   healthful    ice,    free    from    matter   deleterious    to 
health:  and  such  ice  i^  hereby  defined  to  be  ice  which,  upon 
chemical  and  bacteriological  examination,  shall  be  found   free 

i  nitrates,  nitrites  and  pathogenic  bacteria,  and  to  contain 
not  more  than  sixteen  one-hundredths  of  one  part  of  free  am- 
monia, and  nine  one-hundredths  of  one  part  of  albuminoid 
ammonia  in  one  million  parts,  and  in  respect  to  which  the 
loss  on  ignition  shall  he  less  than  one-half  of  the  total 
solids,  and  the  oxygen  consumed  shall  not  exceed  two  and 
one-half   parts    in    one   million. 

Sec.   114.     Sale.     It  shall  be  unlawful  for  an)    person  to 

sell  or  deliver  any  ice  for  domestic  use.  without  first  having 
obtained    from    the    hoard    of    health    the    permit    specified    in 


403 

this  chapter,  and  under  any  circumstai 

use,  any  ice  which  shall  have  been  takei 
any  lake,  pond,  river,  stream  or  other  body  of  water,  wher 
ever    located,    which    is    defiled    by    sewage,    garb  hes, 

decaying  vegetation,  refuse  or  w;  in\    indu 

iny  other  substances  tending  t"  make   water  impure  and 
unhealthful,  according  to  the  standard  fixed  bj    tin-  cha| 

Sec.   115.     Inspection.      It    shall   hi-   the   cl  ihe   said 

inspector  t"  examine,  or  cause  to  be  examined,  from  tim< 
time,   the   places   w\v 

tie    and    delivery    within  ity,    and    all 

places    where    such    ice    may    be    stored    or   kept,    and    e 
vehicle  in  which  the  same  may  be  d  part  of 

oute    from   the   place   where   it    is   gathct  he    final 

'titer;    and    t>>    examine  nined    from 

time  to  tin!-  d  or  deliven 

livered,   so   far  as   he   may   deen 

rtain    whether   such    ice   is   pure   and    healthful    and 
matter    deleter  health,    according     tn 

I,    and    if,    u]  h    examination,    it    shall 

he    found    that    any    person,    firm    • 
and  distributed,  or  is  selling  and  d< 

said   standard,  or   an\  ■   the 

if    this    i 

n   all 

shall  be  taken   with  the  knowled 

Sec.  116.     Impure  ice  for  cooling  purposes.  ipter 

shall    nol    l>  prohibit    the 

r   packing  and 

i  and  d 


404 

purposes  aforesaid,  and  for  no  other  purpose,  shall  be  first 
obtained  in  the  manner  and  upon  payment  of  the  fee 
prescribed.  Whenever  any  impure  ice  for  packing  or  cool- 
ing purposes  shall  be  sold  or  delivered  from  any  wagon  or 
vehicle,  the  driver  or  other  person  in  charge  thereof  shall  carry 
a  supply  of  printed  cards  on  which  shall  be  printed  in  large, 
legible  letters  the  words,  "Ice  for  packing  and  cooling  pur- 
poses only.  Not  for  domestic  use,"  and  he  shall  hand  with 
each  delivery  of  such  ice,  one  such  card  to  each  customer,  or 
to  the  person  who  receives  such  ice,  and  shall  take  at  the  same 
time  a  receipt  which  shall  be  given  him  by  such  purchaser  or 
recipient,  on  which  receipt  said  words  shall  be  similarly 
printed.  It  shall  be  unlawful  to  sell  or  deliver  any  ice  for 
packing  or  cooling  purposes  without  such  permit,  or  other- 
wise than  in  conformity  with  the  provisions  of  this  section. 

SLAUGHTER  HOUSES. 

Sec.  117.  It  shall  be  unlawful  fur  any  person  to  slaughter 
any  animal,  or  to  erect  or  maintain  any  slaughter  house 
or  yard,  or  to  engage  in  the  business  of  slaughtering  at  any 
place  within  the  corporate  limits  of  Salt  Lake  City,  or  within 
<ine  mile  of  the  corporate  limits  of  said  city,  without  obtain- 
ing a  special  permit  from  the  board  of  health,  but  no  such 
permit  shall  issue  or  be  granted  unless  the  applicant  shall 
have  complied  with  the  provisions  of  this  ordinance  and 
rules  of  the  board  of  health  of  Salt  Lake  City;  provided,  that 
no  permit  heretofore  or  hereafter  issued  shall  operate  to 
prevent  the  revocation  of  such  permit  or  the  removal  or 
abatement  of  any  such  slaughter  house  or  yard  by  the  board 
of  commissioners.  No  building  shall  be  erected  or  con- 
verted into,  or  used  as  a  slaughter  house  in  Salt  Lake  City 
or  within  one  mile  of  the  corporate  limits  thereof  until  the 
plans  and  specifications  thereof  have  been  duly  submitted  to 
the  board  of  health,  and  approved  in  writing  by  said  board. 
Xo  building  occupied  as  a  slaughter  house  or  any  part  there- 


405 

of,  or  any  building  on  the  same  lot,  within  fifty  feet  of 
said  slaughter  house,  shall  be  used  or  occupied  at  any  time 
a^  a  dwelling  or  lodging  place,  and  every  such  slaughter 
house  shall  at  all  times  be  suitably  lighted  and  kept  thor- 
oughly ventilated  and  i  tied  in  a  sanitary  condition, 
and  -hall  be  provided  with  efficient  drainage,  having  properly 
trapped  or  other  approved  sewer  connections.  Ceilii 
walls,  pillars  and  partitions  of  all  killing,  meat  dressing  ami 
cooHul;  rooms  shall  ho  kept  in  a  sanitary  condition  ami  the 
walls  of  such  rooms  must  be  covered  to  the  height  "i  six 
feet  above  the  floor  with  some  non-absorbent  material;  all 
floors  where  any  meat  refuse,  offal,  fertilizer  or  any  other 
materials  derived  directly  or  indirectly  from  slaughtering 
animals,  are  treated  <  >r  handled  must  be  made  watertight, 
properly  drained  and  sewer  connected. 

Sec.  118.     It  shall  be  unlawful  for  any  person  within  the 
limits  of  Salt  Lake  Citj   to  engage  in  the  business  of  slaugh- 
tering animals  for  food,  packing  them  for  market  or  ren 
ing   the   offal,    fat,   bones   or   scraps    from    such    animals 

'    carcasses,    or    any    animal    matter    whatsoever,    or    to 
engage   in    the    manufacture  the 

cleaning  or  rendering  of  intestines  unless  he  shall  hav< 
tained  a  permit  from  the  board  of  health 

Sec.  119.     (letted  blood  from   slaughtered  animals  must 
not    be   allowed   to   flow    into  a   sewer,   but    while   still    fresh 
■   be  treated  so  as  not  to  become  offensive. 

Sec.   120.     All  offensive  odors  arising  from  the  handling 
of  meat  and  treating  of  and  caring  for  offal,  bl  'her 

material    Stored    Or    manufactured    musl    be    cared    for    b) 
struction  "r  condensation  and  not  allowed  to  escape  into  the 

ide    air. 

Sec.  121.     Persons  in  chargi  iblishments  musl 

cjtii r.  be  cleanly.     The  aprons,  smocks,  or  "thcr 


406 

outer  clothing  worn  by  employes  who  handle  meat  or  meat 
food  products  shall  be  of  a  material  that  i-  readily  cleansed 
and  made  sanitary,  and  only  clean  garments  shall  be  worn. 
Persons  who  handle  meat  or  meat  food  products  shall  be 
required  to  keep  their  hands  clean,  and  they  shall  be  re- 
quired also  to  pay  particular  attention  to  the  cleanliness  ol 
their  bi  lots  or  shi  ies 

Sec.  122.  Persons  affected  with  tuberculosis  or  any  other 
communicable  disease  shall  not  be  employed  in  any  of  the 
departments  where  carcasses  are  dressed,  meat  is  handled, 
or  meat  food  products  are  prepared;  and  any  employe  of 
-mil  establishment  who  may  be  suspected  of  being  so  af- 
fected shall  be  reported  by  the  inspector  to  the  manager  of 
such  establishment  and  to  the  board  of  health  of  Salt  Lake 
City. 

Sec.  123.  Butchers  who  dress  or  handle  diseased  car- 
casses or  parts  shall  cleanse  their  hands  of  all  grease  and 
then  immerse  them  in  .a  prescribed  disinfectant  and  rinse 
them  in  clear  water  before  dressing  or  handling  healthy 
carcasses.  All  butchers'  implements  used  in  dressing  dis- 
eased carcasses  shall  be  sterilized  either  in  boiling  water  or 
by  immersion  in  a  prescribed  disinfectant  followed  by  rins- 
ing in  clear  water.  Facilities  for  such  cleansing  and  disin- 
fection approved  by  the  veterinary  inspector  shall  be  pro- 
vided  by   the   establishment. 

Sec.  124.  Separate  sanitary  truck-,  which  shall  he  ap- 
propriately ami  distinctively  marked,  shall  be  furnished  f<  >r 
handling  diseased  carcasses  and  parts.  Following  the 
slaughter  of  any  animals  affected   with  an   infectious  disease 

a  stop  >hall  be  made  until  the  implement-  have  been  cleansed 
and  disinfected,  unless  other  clean  implement'--  are  provided. 

Sec.  125.  Carcasses  shall  not  be  inflated  with  air  from 
the   mouth,  and   no   inflation   >•[   carcasses,   except    by   median- 


ical  means,  shall  be  allowed.     Carcasses  shall  not  be 
with   skewers,   knives  or  other  instruments   that   have   I 
held  in  the  mouth.    Skewers  shall  be  disinfected  and  cleaned 
before  being  used   again      Spitting  on   whetstom 
when  sharpening  knives  shall  nol  be  allowed. 

Sec.  126.    Only  good,  clean  and  wholesome  water  an 
be  used  in  the  preparation  of  carcasses,  parts,  meat 
meat  food  products,  and  each  establishment  shall  be  supplied 
with   a   wati  n    furnishing   hot    and   cold    water   under 

sufficient    pressure    to    facilitate    the    cleansing    of    th< 
lishment  and  the  maintenance  of  the  same  in  a  sanitar) 
dition. 

Sec.  127.     When  there  is  any  doubt  concerning  the 
tary  condition  of  the  water  suppl)   or  ice  used  in  the  slaugh- 
ter^ ssing  or   preparation    of    meat    or    meat    f 1    prod- 
uct-,   notice    shall    be    immediately    given    to    the    I 

th. 

Sec.   128.     'The   feeding  of  hogs  or  other  air  i   the 

if  slaughter  h  r  other  unwhole;  -hall 

permitted,     and     no     use     in.  ble     with     pr< 

n    shall    be    made    of    any    part    of    tl 
which     such     establishment 

•   and   alleys  belonging   I  such 

shment,    whether   they   are  .un- 

tamed   in    a    sanitary    condition,    and    no    nu 
allow  ishment  or  on  ii 

Sec.    129.      All    I 

ind  dress 
partments   in    which 
meat,    or    n 

:ed,  hand  red 

Sec.    130.      Pro| 

elm' 

-.   -hall    1 


408 

Sec.  131.  Wagons,  cars  or  vehicles  in  which  meat  or 
meat  food  products  are  transported  shall  be  covered  and  kept 
in  a  clean  and  sanitary  condition. 

Sec.  132.  It  shall  be  unlawful  for  any  person  to  sell, 
offer  for  sale,  ship  or  bring  to  Salt  Lake  City  with  intent  to 
sell,  or  have  in  his  possession  with  intent  to  sell  any  meat 
or  meat  food  products  other  than  that  bearing  the  official 
stamp  of  government  inspection,  or  of  the  board  of  health 
of  Salt  Lake  City,  except  as  herein  otherwise  provided. 

Sec.  133.  It  shall  be  unlawful  for  any  person  to  bring 
into  the  city  for  sale,  offer  for  sale,  or  sell  the  meat  of  any 
cattle,  sheep,  swine,  fish,  game,  fowl  or  poultry  which  is 
blown,  tainted,  heated,  soured,  raised,  stuffed,  putrid,  or  im- 
pure or  which  for  any  other  reason  is  unfit  for  human  food. 

Sec.  134.  It  shall  be  unlawful  fur  any  person  to  bring 
into  the  city  for  sale,  or  to  sell,  or  offer  for  sale  any  cattle, 
sheep,  swine,  fish,  game,  fowl  or  poultry  which  is  diseased, 
unsound,  unwholesome,  or  which  for  any  other  reason  is 
unfit  for  human  food. 

Sec.  135.  It  shall  lie  unlawful  for  any  person  to  bring 
into  the  city  for  sale,  or  to  sell,  or  offer  for  sale  the  meat  of 
any  cattle,  sheep,  swine,  or  game  which,  when  killed,  were 
within  two  weeks  of  parturition. 

Sec.  136.  It  shall  be  unlawful  for  any  person  to  bring 
into  the  city  for  sale,  or  to  sell,  or  offer  for  sale  the  meat 
of  any  cattle,  sheep,  swine,  fish,  game,  fowl  or  poultry 
which  may  have  died  from  accident  or  disease  or  which  has 
not  been  properly  killed  or  slaughtered,  bled,  cleaned  and 
dressed. 

Sec.  137.  It  shall  be  unlawful  to  use  any  room  or  place 
for  the  slaughter  or  preparation  for  food  of  chickens,  ducks 
geese,  turkeys,  game  birds,  or  other  fowls,  unless  the  same 


409 

be  provided  with  a  cement  floor  at   least   ten  by  twelve  feet 
in  area  properly   drained  and   sewer  connected.     The   n 

tacle  for  scalding  shall  be  provided  with  a  li i  and  pn 

vent.     The   coops  of   such   establishment    -hall   be   properly 
lighted,  ventilated  and  kept  in  a  sanitarj   condition. 

Sec.  138.     li  shall  be  unlawful  to  use  any  building,  room 
or   place   as   a   meat   market,   unless   the   same   be   provided 
with  a  refrigerator  of  sufficient  capacity  to  handle  all  mi 
and  meat  food  products  held  for  sale,  the  same  to  be  mam 
tained  at  a  temperature  of  nol    more  than  fifty-five  deg 
Fahrenheit;    such    places    shall    be    provided    with    suitable 
racks    and    receptacles    for    meats,    and    all    utensils,    hoi 
hangers,  rack-,  and  dishes  shall  be  kept  in  a  sanitary  condi- 
tii  in. 

Sec.  139.  It  shall  be  unlawful  for  any  person  having 
or  holding  for  sale  the  meat  of  any  cattle,  sheep,  swine,  fish, 
game,    fowl,   or    poultry    to    fail    to   keep    the   place    in    which 

i  meat  is  stored  or  offered  for  sale  in  a  cleanly  and 
wholesome  condition,  free  from  noxious  odors. 

Sec.  140.  It  shall  be  unlawful  for  any  person  to  permit 
the    carcass    or    meat    >>i   any   cattle.    -  -h.    fowl, 

game  or  poultry  to  lie  or  hang,  or  be   offered    for 

tside  of  any  market  or  similar  place,  or  in  any  "pen 
window  or  doorway. 

Sec.    141.      It    shall   he    unlawful    for   any    pel  keep 

the    carcass   or    meat    .if    any    cat:  vine,    fish,    fowl. 

game  or  poultry  in  any  refrigerator  or  iceb  itch 

refrigerator  "r  icebox  he  properly  ventilated  and  maintained 
in  a  sanitary  condition. 

Sec.    142.     It    -hall    It   unlawful    for  any   person 
hold  for  sale,  or  offer  for  -ale,  any  catth  fish, 

fowl,  game  or  poultry,  <>r  tin-  meat   thereof,  which   I 


410 

condemned  by  a  government  inspector  or  by  an  inspector  of 
the  board  of  health. 

Sec.  143.  It  shall  be  unlawful  for  any  person  engaged  in 
the  handling  or  preparation  of  meats  or  food  products  to 
fail  to  keep  their  hands  and  clothing  in  a  sanitary  condition. 

Sec.  144.  It  shall  be  unlawful  for  any  person  to  bring 
into  the  city   for  sale,  or  offer  for  sale,  or  have  in  his  pos- 

on  with  intent  to  sell,  or  to  sell,  any  carcasses,  parts 
of  carcasses,  or  meat  food  products  which  cannot  by  marks, 
brands,  labels  or  transfer  slips  be  identified  as  having  been 
duly  inspected  and  passed  by  an  inspector  of  the  board  oi 
health,  or  by  a  government  inspector. 

Sec.  145.  It  shall  be  unlawful  for  any  slaughtering  es- 
tablishment,   or    any    person    in    charge    of   any    slaughtering 

establishment,  to  suffer  or  permit  to  enter  such  establish- 
ment any  carcass  or  parts  of  carcasses,  or  meat  food  prod- 
ucts which  cannot  by  marks,  brands,  labels  or  transfer  slips 
be  identified  as  having  been  duly  inspected  and  passed  by 
an  inspector  of  the  board  of  health  or  by  a  government 
inspector. 

Sec.  146.  It  shall  be  unlawful  for  any  person  to  carry  or 
transport  through  any  street,  alley  or  thoroughfare  the  car- 
cass or  meat  of  any  cattle,  sheep,  swine,  fish,  game,  fowl 
or  poultry,  except  it  be  covered  with  a  clean  cover  so  as  to 
be  thoroughly  protected  from  dust  and  dirt. 

Sec.  147.  It  shall  be  unlawful  for  any  person  to  keep 
any  cattle,  sheep,  swine,  game,  fowl  or  poultry  in  any  place 
in  which  water,  food  and  ventilation  are  not  sufficient  for 
the  preservation  of  a  healthy  and  safe  condition. 

Sec.  148.  Slaughtering  of  animals  and  preparation  of 
meats  and  meat  food  products  shall  be  conducted  on  week 
days,   and   shall   be   done   within   reasonable   hours   and   with 


5] 

except  in  certain  ca- 
aughter  ma 
inspector.     Manager  the  in- 

aas  bee: 
the  hour  in  which  it  will  bee 

Sec.  145. 

j  or  m 
inspector  may  designate  the 

Sec.  150. 
all   anii:  nded   for   slaug:. 

ani; 

shall  be  ma 

mortem   examination  to  be 
tion-  :ned  be. 

in  the  ear  a  me:       tag 
Rejected.'"   and 

as  may  be  nece--  n: 

Hog  cholera. 

nthra 
. 

- 
Mangt 
ly  dippe 

Pneumonia,     pleurisy,     er 
metr 

- 
Tuber 
Hemorrrr 
Blad 

:i  an  advanc 

rece: 


412 

(n)  Any  disease  or  injury  which,  causing  elevation  of 
the  temperature  or  affecting  the  system  of  the  animal,  will 
make  the  flesh  unfit  for  human  food. 

(o)  Animals  too  young  and  immature  to  produce 
wholesome  meat. 

(p)  Animals  which  are  badly  bruised,  injured,  or  show- 
tumors,  abscesses  or  suppurating  sores. 

(q)  Animals  too  emaciated  and  anemic  to  produce 
wholesome  meat. 

Such  rejected  or  condemned  animals  shall  at  once  be 
removed  from  the  pens  containing  animals  which  have  been 
inspected  and  found  to  be  free  from  disease  and  fit  for  hu- 
man food,  and  shall  be  disposed  of  to  the  satisfaction  of  the 
veterinary  inspector. 

Sec.  151.  When  animals  are  not  inspected  in  the  stock- 
yards the  inspector  in  charge  of  the  establishment  shall  care- 
fully inspect  all  animals  about  to  be  slaughtered  in  the  pens 
of  said  establishment,  and  no  animal  shall  be  allowed  to  pass 
the  slaughtering  room  until  it  has  been  so  inspected. 

Sec.  152.  Animals  rejected  when  showing  signs  of  prepa- 
ration  for  parturition  shall  not  be  slaughtered,  nor  for  ten 
days  after  parturition.  Pregnant  and  parturient  animals 
may  be  removed  by  permit  for  stock  or  dairying  purposes, 
except  when  they  are  affected  with  or  have  been  exposed 
to  the  contagion  of  any  disease. 

Sec.  153.  The  inspector  shall  carefully  inspect  at  the 
time  of  slaughter  all  animals  slaughtered  at  said  establish- 
ment and  make  a  post-mortem  report  of  the  same  to  the 
board  of  health.  The  head,  tail,  caul,  or  fat  inclosed  in  the 
omentum  of  the  animal  and  the  entire  viscera  shall  be  re- 
tained in  such  manner  as  to  preserve  their  identitv  until 
after  the  post-mortem  inspection  has  been  completed,  in 
order  that  they  may  be  identified  in  case  of  condemnation 
of  the   carcass.     Should   the   carcass   of   any   animal   on    said 


413 
• 
post-mortem    examination    be    found    diseased    or    otherwise 

unfit  for  human  food,  il   shall  be  marked  with  a  condemna 
t ii in    tag,   the   same    to   be   attached    with    wire   and    sealed, 
and   the  diseased   organs  or  parts   thereof,   if   removed    from 
the  carcass,  shall  also  be  marked  with  a  condemnation  tag. 

The  condemnation  tag  shall  accompany  the  condemned 
carcass  or  its  part--  into  the  tank. 

Sec.  154.  All  animals  rejected  on  ante  mortem  examina- 
tion and  all  animal-  passed  mi  ante-mortem  examination 
which  are  slaughtered  at  inspected  abattoirs,  and  are  found 
upon  posl  mortem  examination  t<>  In-  affected  with  any  other 
diseases  or  conditions  named  below,  -hall  be  disposed  of 
according  to  the  following  instructions.  It  is  to  be  under- 
stood, however,  that  owing  to  the  fact  that  it  is  imprac- 
ticable tn  formulate  rules  covering  ever}  ind  to  desig- 
nate at  just  what  stage  a  process  becomes  loathsome,  or  a 
disease  becomes  noxious,  the  final  disposition  of  those  not 
specifically  covered  by  these  rules  will  be  left  to  the  judg- 
ment of  the  chief  veterinary  inspi 

(a)     I  fog  cholera. 

Carcasses    showing    well    marked    and    progressive 
lesions  of  hog  cholera  shall  be  condemned. 

When    the    lesions    in    the    carcass    are    slighl     and 
confined    to    either    the    skin,    kidneys,    boi  r    lymphatic 

-land-,  or  to  any  combination  of  two  of  the  organs,  the 
carcass  may  be  passed;  provided,  it  is  cut  for  packing  pur- 
poses- 

(3)     When    the   lesions   are   well    marked    in    more   than 

of  the  organs  mentioned  -kin.  kidney-,  bones,  or  lym- 
phatic glands),  the  entire  earea--  -hall  he  condemned  ami 
tanked   for   fertilizer. 

i4i  Carcasses  which  reveal  lesions  more  pronounced 
than   those  described   tor  car  hat   may  he  passed,  but 

not   so  Severe   as   the   lesions   described    for   ear-  he 

condemned   and    tanked    for    fertilizer,   may    be   rendered    into 


37 


414 

lard,  provided  they  are  cooked  for  four  hours  by  steam  not 
lower  than  220  degrees  Fahrenheit. 

(5)  In  inspecting  carcasses  showing  lesions  of  the 
skin,  bones,  kidneys,  or  lymphatic  glands,  due  consideration 
shall  be  given  to  the  extent  and  severity  of  the  lesions 
found   in  the  viscera. 

(c)  Anthrax  or  charbon. 

All  carcasses  showing  lesions  of  this  disease,  regardless 
of  the  extent  of  the  disease,  shall  be  condemned  and  tanked, 
together  with  the  hide,  hoofs,  horns,  viscera,  fat,  blood,  and  all 
the  other  portions  of  the  animal.  The  killing  bed  upon 
which  the  animal  was  slaughtered  shall  be  disinfected  with 
a  10  per  cent  solution  of  formaldehyde,  and  all  knives,  saw>, 
cleavers,  and  other  instruments  shall  likewis'e  be  treated 
before  being  used  upon  another  carcass. 

(d)  Rabies. 

Carcasses  of  animals  which  show  symptoms  of  rabies 
before    being    slaughtered    shall    be    condemned. 

(ei      Malignant    epizootic    catarrh. 

The  carcasses  of  animals  affected  with  this  disease  and 
showing  generalized  inflammation  of  the  mucuous  membranes 
with  an  emaciation  shall  be  condemned.  If  the  lesions  are 
restricted  to  a  single  tract,  or  if  the  disease  shows  merely 
local  lesions,  the  carcass  may  be  passed,  after  removal  of 
all   inflammed  tissue. 

(f)  Pyaemia   and    septicaemia. 

All  carcasses  showing  lesions  of  either  of  these  diseases, 
especially  in  connection  with  suppurative  or  gangrenous 
wounds,  inflammatory  phenomena,  etc.,  shall  be  considered 
as   highly   dangerous,   and    shall    be   condemned. 

(g)  Mange  or  scab. 

The  carc\-^sc--  of  animals  affected  with  mange,  or  scab, 
in  advanced  stages,  with  indications  of  emaciation  and 
malnutrition,  shall  be  condemned.  When  the  disease  is 
slight  and  the  carcasses  are  in  good  condition  they  may 
be  passed. 

(h)     Actinomycosis,  or  lumpy  jaw. 


415 

I  ■     It  a  carcass  affected   with  actinomycosis  or  lumpy 
jaw  is  in  a  well  nourished  condition  and  there  i-  no  evidi 
upon  post-mortem  examination  that  the  disease  has  extended 
from  a  primary  area  of  infection  in  the  head,  the  carcass  may 
he  passed,  hut  head  including  the  tongue  should  be  condemned, 

(2)     Carcasses  of  animals  showing  uncomplicated  ! 
ized  actinomycotic  lesions  other  than,  or  in  addition  to  tl 
specified  in  paragraph  1  of  this  section,  may  be  passed  after 
the    affected    organs    and    part-    have    been    removed    and 
d  mdemned. 

Carcasses     of     animals     showing     the     generalized 
actinomycosis  shall  be  condemned. 

vi)  Pneumonia,  pleurisy,  enteritis,  peritonitis,  and 
metritis. 

neral  inflammation  of  the  lungs,  pleura,  intestines, 
peritoneum,  or  the  uterus,  whether  in  acute  or  chronii 
form  is  sufficient  to  justify  the  condemnation  of  the  car- 
casses so  affected. 

(j)  The  carcasses  showing  sufficient  lesions  to  warrant 
the  diagnosis  of  Texas  fever  shall  be  condemned. 

(k)     Tuberculosis. 

The    following    principle-   are    declared    for    guidance    in 

ing  mi  carcasses  affected  with  tuberculosis: 

Principle  A.  The  fundamental  thought  is  that  meat 
should  not  be  used  for  fund  if  it  contains  tubercle  bacilli. 
If  there  is  reasonable  possibility  that  it  ma>  contain  tubercle 
bacilli,  or  if  it  is  impregnated  with  toxic  substances  of  tuber- 
culosis or  associated  septic  infections. 

Principle  l'>.    t  m  the  other  hand,  if  lesi  localized 

and  not  numerous,  if  there  is  no  evidence  of  distribution  of 
tubercle  bacilli  through  the  blood,  or  by  other  means,  to  the 
muscles  or  to  parts  that  may  be  eaten  with  muscles,  and  if 
the  animal  is  well   nourished  and   in  mdition   there   is 

no  proof  or  even  reason  to  suspect  that  flesh  is  unwholesome. 

Principle  idences  of  generalized  tuberculosis  are  to 

be  sought  in  such  distribution  and  number  of  tuberculous 
lesions  as  can  he  explained,  only  upon  the  hypothesis  of  the 


416 

entrance  of  tubercle  bacilli  in  considerable  number  into  the 
systemic  circulation.  Significant  of  such  generalization  are 
the  presence  of  numerous  uniformly  distributed  tubercles 
throughout  both  lungs;  also  tubercles  in  the  spleen,  kidneys, 
bones,  joints,  sexual  glands  and  in  the  lymphatic  glands  con- 
nected with  these  organs  and  parts,  or  in  the  splenic,  renal, 
prescapular,  popliteal  and  inguinal  glands  when  several  of 
these  organs  and  parts  are  coincidentally  affected. 

Principle  D.  By  localized  tuberculosis  is  understood 
tuberculosis  limited  to  a  single  or  several  parts  or  organs  of 
•he  body  without  evidence  of  recent  invasion  of  numerous 
'acilli  into  the  systemic  circulation. 

The  following  rules  shall  govern  the  disposal  of  tuber- 
culous meats : 

Rule  A.     The  entire  carcass  shall  be  condemned  : 

(a)  When  it  is  observed  before  the  animal  was  killed 
that  it  was  suffering  from  fever. 

(b)  When  there  is  a  tuberculous  or  other  cachexia  as 
shown  by  anaemia  and  emaciation. 

(c)  When  the  lesions  of  tuberculosis  are  generalized  as 
shown  by  their  presence,  not  only  at  the  usual  seats  of  primary 
infection  but  also  in  parts  of  the  carcass  or  the  organs  that 
may  be  reached  by  the  bacilli  of  tuberculosis,  only  wdien  they 
are  carried  in  the  systemic  circulation.  Tuberculous  lesions 
in  any  two  of  the  following  mentioned  organs  are  to  be 
accepted  as  evidence  of  generalization  when  they  occur  in 
addition  to  local  tuberculous  lesions  in  the  digestive  or  respira- 
tory tracts,  including  the  lymphatic  glands  connected  there- 
with: Spleen,  kidney,  uterus,  udder,  ovary,  testicle,  adrenal 
glands,  brain,  spinal  cord,  or  their  membranes.  Numerous 
uniformly  distributed  tubercles  throughout  both  lungs  also 
afford   evidence  of  generalization. 

(d)  When  lesions  of  tuberculosis  are  found  in  the 
muscles  or  intermuscular  tissue  or  bones  or  joints,  or  in  the 
body  lymphatic  glands  as  a  result  of  draining  the  muscles, 
bones,  or  joints. 


417 

(e)  When  the  lesions  are  extensive  in  one  or  both  b 
cavities. 

(f)  When  the  lesions  are  multiple,  acute,  and  actively 
pr<  igressive. 

Rule   B.     An  organ   or  pari    of  a   carcass   shall     ■ 
demned  : 

(a)     When  it  contains  lesions  of  tuberculosis. 

i  1>i  When  the  lesibn  is  immediately  adjacent  to  the 
flesh,  a^  in  the  ease  of  the  parietal  pleura  or  peritoneum,  not 
i'iil\  the  membrane  or  part  affected  l>ut  also  the  adjacent 
thoracic  or  abdominal  wall  is  to  be  condemned. 

(c)  When  it  has  been  contaminate. 1  by  tuberculous 
matter  through  contact  with  the  floor,  or  soiled  knife  or 
■  itherw  ise. 

i  d  i     All  heads  shi  >v,  ing  shall  be 

lemned. 

An  organ  shall  be  condemned  when  the  correspond- 
ing lymphatic  gland  is  tuberculous 

Rule  C.     The  carcass,  if  tuberculous  lesions  are  limited 
to  a  single  or  several  parts  or  organs  of  the  body  (excepl 
noted    in    Rule    At    without    evidence   of    recent    invasion    of 
tubercle  bacilli  into  the  systemic  circulation,  shall  be  passed 

:    the  parts  containing  the  localized  lesions  are  removed 
and  condemned,  in  accordance  with  Rule  B. 

Rule  1).     Carcasses  which  reveal  lesions  more  numerous 
than  those  described  for  carcasses  to  be  passed  (Rule  C)  but 
n,,t    so   severe   as   the  lesions  described    for   carcassi 
condemned  (Rule  Ai  may  be  rendered  into  lard  or  tallow,  it 
the    distribution    of    the    lesions    is    such    that    all    parts 
taining  tuberculous  lesions  can  be  removed.     Such  care. 
shall    be   coked   by   steam   at    a   temperature   not    lower   than 
220  degrees   Fahrenheit   for  not  less  than   four  hours. 

The  vii  all   tubercular  animals  shall  be 

demned. 

1 1 1     Hemorrha.  ticemia. 


418 

The  carcasses  of  animals  affected  with  this  disease  are 
highly  unfit  for  food,  as  the  specific  bacteria  are  found  in 
the  blood,  and  therefore  the  meat   shall  be  condemned. 

(m)     Blackleg. 

The  meat  of  animals  showing  lesions  of  blackleg  is 
not  wholesome.  It  rapidly  undergoes  putrefactive  changes 
and  develops  an  unpleasant,  rancid-butter-like  odor.  Such 
carcasses  -hall  be  condemned. 

(n)     Pregnancv   and   parturition. 

Carcasses  of  animals  (cows,  sows,  ewes)  in  an  advanced 
state  of  pregnancy,  or  which  recently  gave  birth  to  young 
(within  ten  days),  shall  be  condemned  and  rendered  into 
grease. 

(o)  Any  disease  or  injury  such  as  traumatic  pericarditis, 
generalized  melamosis,  pseudo  leukemia,  etc.,  which  causes 
elevation  of  temperature  or  affects  the  system  of  the  animal. 
shall  be  considered  as  sufficient  cause  for  the  condemnation 
of   the  carcass. 

(p)  Carcasses  of  animals  too  young  and  immature  tc 
produce  wholesome  meat,  all  unborn  and  stillborn  animals, 
also  carcasses  of  calves  less  than  four  weeks  old,  pigs  less 
than  five  weeks  old.  and  lambs  less  than  eight  weeks  old, 
-■hall  be  condemned. 

(q)  Carcasses  of  animals  too  emaciated  or  anaemic  to 
produce  wholesome  food,  or  those  carcasses  which  show 
slimy  degeneration  of  the  fat  or  a  serous  infiltration  of  the 
muscles,   shall    be   condemned. 

Any  organ  or  part  of  a  carcass  which  is  badly 
bruised  or  affected  by  malignant  tumors,  abscesses,  suppurat- 
ing sores,  tapeworm,  cysts.  or  liver  flukes,  shall  be 
condemned. 

(s)     Caseous  lymphadenitis. 

When  the  lesions  are  limited  to  the  superficial  lymph 
glands  or  to  a  few  nodules  in  an  organ,  involving  also  the 
adjacent  lymph  glands,  and  the  carcass  is  well  nourished, 
the  meat  may  be  passed  after  destroying  the  affected  parts. 
If    extensive    lesions    with    or    without    pleuritic    adhesions, 


Found  ni  the  lun 

nodules,    or    tl 

inic,  it  shall  be  cond 

iria. 
Ill'  with  tin-  '!  luld 

lidered    in    the    sam<  vith 

us  ii'vcr,  and  -hall  1><  ned. 

1 11 1     II  with    urticaria    (diamond    -km 

tonsurai  folliculorum    erythi 

iter  detaching  iking 

the  skin,  if  tl  -  otherv  r  food. 

i     [cteru 

an  inten 
discoloration  after  pn  iling  -hall  ' 

carcasses     which     exhibit     a     yellowish     tint     directly 

ighter,  I. nt  los  '"ration  on  chilling,  may 

for  food. 

(w)     Uremia. 

vhich    gi  II    be 

lemned 

All  animal-  that  die  in  th<  i    -hall  bi 

a-  -pen:  ondemned  anin 

In    all    ca>e<    whi 
ins   of   i 

ted    |>art-    must  tanking 

ilemnation  tag  i-  taken  from   the  can 

Sec.    155.     All    inspected   ab  -hall    pn 

ni  in   which 
held    until    -itch    tin,' 

furnished    bj    the    health    offi<  e,    tl 
remain  in  thi 

• 
length 

I 


420 

to  tank  condemned  carcasses  regularly  on  the  day  of  their 
condemnation,  such  condemned  carcasses  shall  be  saturated 
with  kerosene,  as  described  below,  and  locked  on  the  rail 
pending  their  final   disposition. 

Sec.  156.  All  condemned  carcasses  and  parts  shall  be 
tanked  as  follows: 

After  the  lower  opening  of  the  tank  has  been  sealed 
by  an  inspector,  the  condemned  carcasses  and  parts  shall 
be  placed  in  the  rendering  tank  in  the  morning,  and  immedi- 
ately a  sufficient  force  of  steam  shall  be  turned  into  the 
tank  to  destroy  effectually  the  meat  for  food  purposes 
before  the  killing  for  the  day  is  completed :  or  the  con- 
demned portions  may  be  placed  in  the  tank  at  the  close  of 
the  day,  or  when  killing  is  suspended,  and  both  ends  of  the 
tank  sealed,  after  which  steam  shall  be  turned  into  the 
tank  until  the  meat  is  destroyed.  Wire  and  lead  seals  shall 
be  provided  by  the  health  office  for  sealing  tanks. 

(a)  A  sufficient  quantity  of  low  grade  offal  (uteri, 
floor  scrapings,  trimmings  from  gutters  ami  benches,  skim- 
mings from  catch-basins,  unemptied  intestines,  omassa, 
paunches  emptied  but  not  washed,  etc.).  shall  be  tanked  with 
all  condemned  carcasses  (except  those  tanked  for  lard) 
to  effectually  render  the  ultimate  product  unfit  for  human 
food,  or  if  such  offal  cannot  be  obtained,  the  carcasses 
may  be  thoroughly  slashed  with  a  knife,  then  saturated 
with  kerosene  and  placed  in  the  tank. 

ili)  The  seals  of  tanks  containing  condemned  material 
shall  be  broken  by  an  inspector,  when  the  tank  is  emptied 
during  regular  hours,  and  at  other  times  satisfactory  arrange- 
ments for  the  breaking  of  such  seals  shall  be  made  with 
the  inspector  in  charge. 

Sec.  157.  When  an  establishment  has  no  facilities 
for  thus  destroying  condemned  carcasses,  such  carcasses  shall 
be  removed  from  the  premises  upon  numbered  permit, 
issued    by    the    inspector    in     charge,     to    rendering    works 


421 

designated    by    him,    and    there    destroyed    under    his    su| 
vision  in  the  manner  described  above. 

Sec.   158.     Carcasses  maj    be  tal  ing  room 

after   marking    with   the   c lemnation   card,   in   cases   where 

only  a  portion  of  the  carcasses  is  condemned,  and  when  such 
portion  cannot   be   removed   without   damage   to   the  can 
until   it   is  properly  chilled.     After   chilling,   the  condemned 
portions    shall    Ik-    em    out    and    removed    to    the    tank    or    t" 
the   retaining   room,   as  for   whole  carcasses.     I 

demned   parts   that   can   be   removed    without    damage    to    the 
carcass   shall   be   tanked  as  described   above. 

Sec.  159.  All  condemned  carcasses  and  parts  shall  be 
disposed  of  only  in  the  presence  of  the  inspector,  and  the 
report  of  the  disposition  shall  be  made  by  him  upon  the 
blank   form  provided  therefor. 

Sec.    160.     All    carcasses    or    portions    thereof    that    are 
condemned  by  the  inspector  shall  be  disposed  of  or  rendered 
unfit  for  food  in  any  manner  thai  the  inspector  shall  indii 
In  case  any  person   fails  to  comply   with   these   instructions, 

the    board    of    health    shall    have    the    power    to    revoke    his 
permit. 

Sec.  161.  No  person  shall  remove  ta.ur~.  labels,  or  brands 
from  the  condemned  carcasses  or  parts  then 

Sec.    162.     Carcasses   or   part  which 

an  establishment  shall  be  marked  by  the  ins  with  the 

numbered     label     or     brand     issued     by     the     health     officer 
For  tin-  purpose,  and  a  record  of  the  same  shall  bi 
the  health  off 

Carcasses  or  parts  of  carcasses  which   go  into  the 
cutting;   room    of   an    abattoir   or   are    used    for   canning   pur- 
poses shall  not  be  labeled.     Those  which  ai 
from  one  abattoir  to  another  for  canning  purposes  shall   not 
be   labeled. 


422 

(b)  Managers  of  abattoirs  shall  give  due  notice  to  the 
inspector  or  his  assistant  of  all  intended  shipments  and  of 
all  expected  receipts  of  meat  in  cars,  and  no  meat  or  meat 
products  shall  be  received  at  an  establishment  unless  the 
inspector  or  his  assistant  has  full  knowledge  concerning 
the  same. 

(c)  The  seals  upon  cars  in  which  meat  is  received  at 
abattoirs  may  be  broken  when  it  is  necessary  to  unload 
such  cars  during  the  absence  of  the  inspector  or  his  assist- 
ant ;  provided,  the  seals  which  are  broken,  together  with  a 
memorandum  of  the  initials,  number  and  contents  (pieces 
and  weight)  of  such  car  be  properly  delivered  by  the  owners 
or  managers  of  the  abattoir  to  the  inspector  or  his  assistant. 

Sec.  163.  Each  article  of  food  product,  whether  in 
cans,  barrels,  firkins,  kits,  boxes,  canvas,  or  other  wrappers, 
made  from  inspected  carcasses,  shall  bear  a  label  containing 
the  official  number  of  the  establishment  from  which  the 
product  came,  and  also  a  statement  that  the  same  has  been 
properly   inspected. 

Sec.  164.  No  stamps,  tags,  labels,  etc..  shall  be  allowed 
to  remain  loose  about  the  abattoir  or  office,  and  the  in- 
spectors are  instructed  to  use  such  additional  safeguards 
as  in  their  judgment  will  be  necessary  properly  to  account 
for  every  stamp,  tag,  label,  etc.,  issued,  and  to  have  the 
work  of  affixing  so  carefully  supervised  that  nothing  but 
inspected  products  will  be  marked. 

(a)  Any  stamps,  tags,  seals,  or  labels,  damaged  or 
not  used  shall  not  appear  upon  the  reports  as  having  been 
affixed  to  inspected  articles,  but  shall  be  returned  to  the 
inspector  in  charge  and  report  made  as  to  the  reasons  for 
their    return. 

(b)  No  meat  or  food  product  shall  contain  any  sub- 
stance which  lessens  its  wholesomeness,  nor  any  drug, 
chemical  or  dye  (unless  specifically  provided  herein),  or  pre- 
servative,   other    than    common    salt,    sugar,     wood    smoke, 


423 

vinegar,  pure  spices,  and  saltpeter.     Inspection  and  sampling 
of   prepared    meats    and    meat    food    products    by    empli 
of  the  board  of  health  shall  be  conducted  in  Mich  a  manner 
and   at    such    time-*   as    may   be    necessary    to   secure   a   rigid 
enforcement   of  this   regulation. 

Sec.  165.  Reports  of  the  work  of  inspection  carried 
on  in  every  establishment  shall  )>e  daily  forwarded  to  the 
health  office  by  the  inspector  in  charge,  on  such  blank 
forms  and  in  such  manner  as  may  be  specified  by  the 
board   of  health. 

Sec.  166.  The  chief  veterinary  inspector  shall  promptly 
notify  the  board  of  health  of  any  changes  in  the  firm  names 
of  establishments 

Sec.  167.  Whenever  an  abattoir  suspends  operations 
the  inspector  shall  promptly  notify  the  board  of  health. 

Sec.  168.  When  veal  "r  spring  lambs  have  Keen  slaugh- 
tered by  any  fanner  on  a  farm,  and  the  carcasses  or  par' 
carcasses  are  shipped  or  brought  into  Salt  Lake  City  For  the 
purpose  of  sale,  before  being  sold  or  used  for  human  food, 
they  shall  be  inspected  and  passed  as  provided  by  this 
i  irdinani 

Sec.  169.  Carcasses  of  1ml;-  slaughtered  by  any  farmer 
on  a  farm,  which  have  not  been  killed  under  government  of 
city  inspection,  may  he  admitted  into  the  city  when  the  head 
and  all  viscera  except  the  stomach,  intestines  and  bladder 
held  by  natural  attachment-,  such  carcasses  -hall  he  inspected 
and  passed  if  found  free  from  disease  and  fit  for  human  t 

The     regulations  eat     inspection    of     the 

United    State-    department    of    agriculture,    a-    amended    and 
effective   May   1-t,  1908,  in  so  far  a-  the   -  ible, 

shall   be   tin    standard   government    meat    in 
Lake    City,   except   as   in    this   ordinance   oth< 


424 

Sec.  170.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  not  exceeding  Fifty  Dollars, 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter 
as  a  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  may  be  imprisoned  in  the  city  jail  for 
a  period  not  exceeding  thirty  days. 

DIVISION  OF  WEIGHTS  AND  MEASURES  AND  OIL 
INSPECTION. 

Sec.  171.  Duties.  It  shall  be  the  duty  of  said  inspector 
and  sealer  to  mark  and  seal  with  a  stamp,  or  by  pasting 
a  card  thereon  as  he  may  deem  best,  all  weights  and  meas- 
ures, scales,  beams  and  other  weighing  instruments,  which 
he  shall  find  to  conform,  or  which  shall  be  so  adjusted 
as  to  conform  to  the  established  standards.  It  shall  be 
his  duty,  and  he  is  hereby  authorized  to  inspect  and  ex- 
amine, at  least  once  in  each  year,  and  as  much  oftener  as 
he  may  think  proper,  all  weights,  measures,  scales,  beams, 
steelyards  or  other  weighing  instruments  used  in  said 
city  for  weighing  and  measuring  as  aforesaid,  and  he  shall 
deliver  to  the  owner  thereof  a  certificate  of  the  accuracy 
of  such  weights  and  measures  as  shall  be  found  to  be  cor- 
rect, or  shall  be  rendered  correct ;  and  it  shall  be  unlawful 
for  any  person  to  refuse  or  fail  to  exhibit  such  weights, 
measures,  scales,  beams,  steelyards  or  other  weighing 
instruments  to  the  said  inspector  and  sealer  for  the  purpose 
of  examination  and  inspection  as  aforesaid,  or  to  obstruct 
him  in  the  performance  of  the  duties  imposed  upon  him 
by  ordinance.  It  shall  be  his  duty  to  keep  a  record  of  all 
scales,  beams,  steelyards  and  other  machinery  or  appliances 
used  for  weighing  or  measuring,  by  him  tested,  sealed, 
adjusted,  repaired  or  made  to  conform  to  the  established 
standards  as  provided  in  this  chapter,  together  with  the 
name    of   the    owner   or   owners    thereof,    the    time    when    so 


• 

sealed,    adjusted,    tested,    repaired    or    i 
the     established     standards,     and     tin-     amount     of     mi 
charged  and  collected  by  him  for  such  services,  which  r< ■• 
shall  at  all  times  be  sub  the  inspection  of  the  board 

iioners  and  city  auditor. 

Sec.    172.     Weights   and   measures   to   be   sealed. 
person    using   weights,    measures,   scales,   beams,   steelyards, 
patent  balances,  automatic  or  other  computing  scales,  or  "titer 
weighing,    measuring    or    computing    instruments    or    appli- 
ances,  in    weighing  or  measuring,  or  computing    the    selling 

urchasing  price  of  any  article  offered  for  sale,  or  intended 
to  be  purchased  or  sold  within  this  city,  or  in  the  measure- 
ment or  weight,  or  the  computation  of  the  selling  or  pur- 
chasing price  in  which  any  person  or  the  public  is  interested, 
shall  cause  each  and  ever)  of  -aid  instruments  or  appli- 
ances to  be  sealed  and  marked  before  using  the  same,  and 
annually  thereafter  by  the  sealer  of  weights  and  i 
and  oil  inspector;  and  it  shall  be  unlawful  for  any  p 

or  permit  to  be  used  any  such  instruments  or  appliai 
not    so   -ealed  or  marked   as  aforesaid,  or  to   use  or   permit 
to   be   used    in   buying,   selling,    weighing  r   in 

computing,  any  false  weights,  measures,  scales,  beams,  steel- 
yard-, patent  balance-,  automatic  or  other  computin 
or  other   weighing,  measuring  imputing   instrument 

appliances,     whether    the    same    have    been     inspected     and 
-ealed    as    aforesaid    or   not. 

Whenever   am    person    -hall    change   his 

.     all     instrument-     and     appliance-     herein     named     shall 
be  inspected,  sealed  and  marked   within  six  da>  such 

change    has    been    made. 

Sec.    173.     Condemning    weights    and    measures.      If    the 
sealer  of  weights  and  measure-  shall  find  that  an\   w< 
measure:  :ale    beam-,    patent    balai 

or  computing 

are    incorrect,    inaccurate    or    unreliable,    each 


426 

shall  be  marked  "condemned."  The  owner  of  any  con- 
demned weighing  instruments  shall,  within  ten  days  there- 
after, have  the  same  corrected,  and  shall  not  use  the  same 
until   approved  by  the  sealer  of  weights  and  measures. 

Sec.  174.  Scales  on  ice  wagons.  All  corporations, 
firms  and  individuals,  who  shall  now,  or  who  may  here- 
after be  engaged  in  the  business  of  selling  ice  within  the 
limits  of  the  City  of  Salt  Lake,  in  quantities  of  less  than 
one  thousand  pounds,  and  delivered  at  any  one  time  to 
any  one  customer,  whether  such  ice  shall  be  intended  for 
domestic  use  or  for  cooling  purposes,  shall  keep  on  each 
and  every  one  of  its  wagons  a  standard  pair  of  scales,  suit- 
able and  proper  for  weighing  ice,  and  each  such  corporation 
shall  deliver  to  each  purchaser  not  less  than  the  exact 
quantity  called  for;  and  all  ice  within  the  limits  of  Salt 
Lake  City  shall  be  sold  by  avoirdupois  weight. 

Sec.  175.  Ticket.  Weighers.  Any  person,  firm,  as- 
sociation or  corporation  selling  or  offering  for  sale  within 
this  city,  any  coal,  or  coke,  or  hay  or  straw,  baled  or  loose, 
and  every  officer,  agent  or  employe  of  such  person,  firm, 
association  or  corporation,  shall,  on  demand  of  the  sealer  of 
weights  and  measures  of  said  city,  deliver  to  him  or  his 
deputy  a  ticket  of  the  weight  of  any  such  commodity  which 
is  to  be  delivered  by  any  such  person,  that  said  weight  may 
be  verified.  The  said  ticket  of  weight  shall  contain  the  net, 
tare  and  gross  weight  of  said  load.  It  shall  thereupon  be- 
come the  duty  of  the  person,  agent  or  employe  delivering 
such  commodity,  upon  demand  of  said  sealer  of  weights  and 
measures,  or  his  deputy,  to  convey  the  same  forthwith  to  a 
public  or  private  scale  to  be  selected  by  said  officer,  and 
permit  the  weighing  of  said  commodity,  together  with  the 
conveyance  and  equipment,  for  the  purpose  of  ascertaining 
the  gross  weight  thereof,  and  shall  after  the  delivery  of  such 
commodity  return  forthwith  with  the  conveyance  and  equip- 
ment  used   in  the  delivery  of  such  commodity   to  the   same 


427 

scale  and  permit  the  weighing  oi  said  conveyance  and  equip- 
ment, fur  the  purpose  of  verifying  the  nel  weighl  of  said 
commodity   as  shown  by  said  ticket. 

Sec.  176.  Weighing  or  measuring  instruments  to  be 
reported.  Every  person  applying  for  a  license  to  engage  in 
any  business  requiring  the  weighing  or  measuring  of  articles 
to  be  sold  or  purchased  in  this  city,  shall,  within  two  days 
after  the  date  of  said  application,  report  to  said  in 
.md  sealer  of  weights  and   measures,  the  number,  kind   and. 

citj  of  each,  every  and  all  weighing  or  measuring 
instruments  intended  to  be  used  in  said  business. 

Sec.  177.  Peddlers  and  hawkers.  All  itinerant  peddlers, 
hawkers  and  ice  dealers  using  measures,  scales,  balances,  steel- 
yrards  or  anj  other  such  instrument,  shall  take  the  same  to  the 

ce  of  said   inspector   and    sealer   before   using,   and   have 
the     same     inspected,     tested     and     sealed.        Such     itinerant 

dler,  hawker  or  ice  dealer  shall  present  the  certificati 
the  said  inspector  and  sealer  that  the  measures,  scales, 
ances,  steelyards  or  other  such  instrument-  to  be  used  by  them 
are  accurate,  and  no  license  shall  be  issued  to  such  itinerant 
peddler,  hawker  or  ice  dealer  except  on  the  presentation  of 
such  certificate.  It  shall  be  unlawful  for  any  itinerant  peddler 
■  >r  hawker  to  use  any  ice  scales. 

Sec.  178.  Standard  of  weights  and  measures.  There  is 
hereby  established  within  Salt  Lake  City,  a  standard  "t 
weights  for  the  sale  of  all  commodities,  and  it  shall  be 
unlawful  for  any  person,  firm,  association  or  corporation  to 
sell  >>r  offer  for  sale  in  this  city  any  commodity  which  is 
not   in  conformity  a>  to  weight   with  such  standard. 

When  any  commodity  is  purchased  or  sold  by  the  ton, 
pound,  half-pound  or  quarter-pound,  each  ton,  pound,  half- 
pound  or  quarter-pound  shall  contain  respectively  the  fol- 
lowing number  of  pounds  and  ounces  avoirdupois  weight,  and 
grains    Troy    weight  : 


428 

A  ton  shall  consist  of  2,000  pounds  avoirdupois  weight ; 
a  pound  shall  consist  of  16  ounces  avoirdupois  weight,  or 
7,000  grains  Troy  weight;  a  hall-pound  shall  consist  of  8 
ounces  avoirdupois  weight,  or  3,500  grains  Troy  weight ; 
and  a  quarter-pound  shall  consist  of  four  ounces  avoirdupois 
weight,  or  1.750  grains  Troy  weight. 

When  any  commodity  other  than  is  herein  specified  is 
sold  within  Salt  Lake  City,  the  exact  weight  of  such  com- 
modity so  purchased  or  sold,  shall  be  plainly  marked  on 
the  container  of  such  commodity  or  on  the  bill  rendered 
for  the  same. 

It  shall  be  unlawful  for  any  person,  to  sell  or  offer  for 
sale  in  this  city,  fruits  or  vegetables  in  bulk  or  loose 
packages  otherwise  than  by  weight  upon  officially  tested  and 
approved  scales. 

Apples  may  be  sold  by  the  box,  provided  they  are  tiered 
and  packed  in  standard  boxes  of  not  less  than  the  following 
dimensions:  1 1 x  S  inches  wide.  11  inches  deep,  18;  2  inches 
long,  containing  not  less  than  2340  cubic  inches. 

Strawberries,  raspberries,  dewberries,  blackberries  and 
loganberries  shall  be  packed  in  quart  cups  containing  not 
less  than  twenty-one  (21)  ounces  net.  or  in  pint  cups  con- 
taining not  less  than  IO3/2  ounces  net. 

Oranges,  lemons,  grape  fruit  and  peaches  shall  be  sold 
by  count.  All  peaclus  packed  in  boxes  for  the  market  shall 
have  the  total  count  of  the  box  plainly  marked  on  the  out- 
side thereof  and  shall  be  of  uniform  size  throughout. 

Concord  grapes  may  be  sold  by  the  basket,  and  each 
basket  with  its  contents  must  weigh  not  less  than  seven 
pounds. 

Bunch  goods,  such  as  lettuce,  carrots,  beets,  radishes, 
green  onions,  bananas,  etc.,  shall  be  sold  by  count. 

Sec.  179.  It  shall  be  unlawful  to  use  berry  cups,  boxes, 
crates  or  sacks  a  second  time  as  receptacles  for  fruit  <  it- 
vegetables,  or  to  use  unclean  or  unsanitary  crates,  boxes  or 
sacks 


Sec.  180.  Ii  shall  be  unlawful  for  any  person  to  sell  or 
offer  for  sale  in  Salt  Lake  City  coal  by  tin-  sack  or  bag,  or 
hay  by  the  bale  without  having  the  net  weight  of  said  coal 
or  hay  stamped,  printed  or  written  on  a  tag  attached  to  said 
sack  or  bag  containing  coal,  or  attached  to  said  bale  of  hay. 

It   shall  be  unlawful  for  any  person  to  refuse  to  weigh 
any   package   or   receptacle   containing  any   article   or   pi 
erty  herein  referred  to,  sold  or  offered  for  sale,  upon  demand 
of  the  sealer  of  weights  and  measures  so  to  do. 


Sec.   181.     Fees.     The  fees  collected  ices  by  said 

officer  under  this  chapter,  shall  be  by  him  covered  into  the 
city  treasury  monthly,  and  shall  be  accounted  for  in  full; 
for  each  settlement  he  shall  take  front  the  treasurer  dupli- 
cate receipts,  one  of  which  he  shall  file  with  the  city  auditor 
Said  inspector  and  sealer  --hall  collect  for  each  examination, 
ing  and  certifying  as  hereinbefore  required,  the 
following  fees,  which  shall  be  collected  from  the  ownei 
owners  of  the  weights,  measures,  or  other  arti  ted: 

For  any    steelyard   or  beam,   ground,   floor   platform   or 
other  scales  by  which  may  l>e  weighed  not  exceeding 

300  pounds  

Any   such    instrument    by    which    may   be    weighed   over 

301  pounds  and  not  exceeding  <  J  k  »  pounds 

t  Iver  <>ol  pounds  and  less  than   10<>0  pound- 

■   lool  pounds  and  n  0  pounds 1.50 

I  Iver  2501  pound-  to  8000  pounds 

Wagon  scales,  8001  to  20,000  pounds 

Vbatti  kir  >  ■  erhead  track 

Railroad   track   -  

any  yardstick,  dry  or  liquid  measun  "-I" 

Provided  that  two  or  m<  1-  in  length  marked  on 

a  counter   shall   be,  each 

For  any   nesl 

For  any   measuring  tank.... 

28 


430 

And  the  weights  attached  to  any  scale  shall,  as  to  the 
tee  to  be  collected  by  such  inspector  and  sealer,  be  consid- 
ered a  part  of  the  scales.  It  shall  not  be  lawful  for  said 
inspector  and  sealer  to  collect  or  receive  the  aforesaid 
charges  more  than  once  in  each  six  months  from  the  same 
person  for  the  same  instrument,  unless  such  instrument  is 
found  to  be  out  of  order,  nut  conformable  to  the  standard, 
or  in  case  of  change  of  place  of  business;  but  no  charge 
shall  be  made  for  testing  any  measure  or  vessel  for  which 
a  fee  has  once  been  paid  to  an  inspection  officer  acting 
under  and  by  authority  of  this  ordinance,  and  which  bears 
the  stamp  or  brand  of  such  inspection. 

Sec.  182.  Second-hand  dealers.  Second-hand' dealers  and 
dealers  in  second-hand  scales  having  in  their  possession  any 
articles  required  by  this  chapter  to  be  examined  and  tested, 
shall,  before  selling  or  delivering  such  articles  to  the  pur- 
chaser, procure  from  said  inspector  and  sealer  and  deliver 
to  the  purchaser  a  certificate  of  their  accuracy. 

Sec.  183.  Standard  of  liquid  measurements.  The  stand- 
ard of  liquid  measurements  of  all  liquids  sold  within  Salt 
Lake  City  shall  be  as  follows: 

A  gallon  shall  contain  231  cubic  inches,  a  half  gallon 
165.5  cubic  inches,  a  quart  shall  contain  57.75  cubic  inches. 
a  pint  shall  contain  28.875  cubic  inches,  a  half  pint  shall 
contain  14.4375  cubic  inches,  a  quarter  pint  shall  contain 
7.21875  cubic  inches.  When  any  liquids  are  sold  within 
Salt  Lake  City,  the  exact  quantity  of  the  contents  shall  be 
plainly  marked  or  stamped  upon  the  containers  or  packages 
in  which  the  liquids  are  sold. 

It  shall  be  unlawful  for  any  person  to  vend  or  sell  any 
liquids  within  Salt  Lake  City  in  containers  or  packages,  by 
liquid  measurements,  unless  such  containers  or  packages 
conform  to  the  standard  of  liquid  measurement  and  are 
marked  or   stamped   as   herein   provided. 


4.U 

Sec.  184.     Unlawful  to  refuse  to  pay  fee.      It  shall  be  im 
lawful   for  any  person  to  fail,  neglect  or  refuse  to  pay   said 
inspector  and   sealer   the   inspection  author- 

ized by  this  chapter,  and  it  shall  be  the  duty  of  every  such 
person  to  pay  the  same  immediately  t"  said  inspector  and 
sealer  where  the  test  has  been  made,  or  at  his  office. 

Sec.  185.  Keeping  weighing  instruments  not  conformable 
to  standard  prohibited.  It  shall  be  unlawful  for  any  person 
to  use,  to  keep  or  permit  ;it  his  place  of  business  where 
articles  t.>  In-  bought  or  sold,  or  offered  or  exposed  i"i 
an-  weighed  or  measured,  or  upon  1 1 i -—  wagon  or  other 
vehicle  used  in  his  business  of  weighing  or  measuring 
articles  to  be  bought  or  sold,  any  weight,  measure,  scale, 
beam,  patent  balances,  steelyard  or  other  instrument  which 
lias  nol  been  sealed  as  provided  in  this  chapter,  or  which 
does  not  conform  to  the  standards  of  Salt  Lake  City,  or  the 
State  of  Utah,  or  which  shall  be  out  of  order  or  incom 

It  shall  also  be  unlawful  for  anj    person  to  keep,  have, 
make  nr  sell  any  short  measure,  mould  or  weight  which  pre 
tends  or  purports  to  be  a   measure,   mould  or   weight    for  a 
greater  quantity   than   it   actually   is. 

The  sealer  of   weights   and    measures   may  confiscate   any 
measure  not  conforming  to  the  requirements  "t   this  chapter. 

Sec.   186.     Dealers  in  oils.     Test.     Measures.     Adultera- 
tion.    It  shall  be  the  duty  of  every  person,  firm  or  corp 
tion  delaing  in   illuminating  oils   in   Salt    Lake   City,   to   give 
notice   t"   said   inspector  of  oils   and   sealer  of   weights   and 
measures  of  an\  such  oil  in  his  p  n  n<>t  theretofore  in- 

spected  l>>   said  officer,  within  two  days  after  th<  -hall 

have   been    received   into   hi-   '  ii        \ud   it   shall   be   un- 

lawful for  any  dealer  to  refuse,  neglect   "r  fail   I  such 

notice,  or  t'>  refuse  to  permit  said  officer  on  demand  to 
inspect   any   illuminating  "il   not   previousl)    insp*  \nd 

it   shall  be  unlawful  for  any  person,  firm  oi 
sell   or  offer   for   -ale   for  illuminating   purpo 


432 

or  petroleum  oil,  or  any  fluid,  oil  or  substance  which  is  the 
product  of  petroleum,  or  into  which  petroleum  or  any  prod- 
uct of  petroleum  enters,  or  is  found  as  a  constituent  ele- 
ment, that  will  emit  gas  or  vapor  which  will  ignite  at  any 
temperature  below  110  degrees  Fahrenheit,  upon  a  test  to  be 
made  as  follows :  Before  offering  any  such  fluid  or  sub- 
stance for  sale,  said  person,  firm  or  corporation  shall  place 
not  less  than  one-half  pint  of  the  same  in  a  vessel  which 
shall  be  free  from  all  other  substances,  and  of  such  dimen- 
sions as  that  the  surface  of  the  fluid  shall  not  exceed  four 
square  inches  ;  that  there  shall  then  be  placed  in  said  fluid 
or  substance  a  Fahrenheit  thermometer  in  such  manner  that 
the  same  will  indicate  the  temperature  of  the  same ;  that 
said  fluid  shall  then  be  gradually  heated  at  not  less  than  two 
degrees  Fahrenheit  per  minute,  to  a  temperature  at  which 
the  same  will  emit  a  gas  or  vapor  which  will  ignite  when 
brought  into  contact  with  fire;  that  the  gas  or  vapor  from 
said  fluid  or  substance  shall  be  frequently  tested  with  fire 
during  such  heating,  and  in  such  manner  as  to  ascertain  the 
exact  temperature  at  which  such  fluid  or  substance  will  give 
off  a  gas  or  vapor  which  will  ignite  by  the  application  of  fire, 
and  if  gas  or  vapor  from  such  fluid  or  substance  ignites  be- 
fore the  said  fluid  or  substance  shall  attain  a  temperature  <>i 
110  degrees,  Fahrenheit,  the  fluid  or  substance,  a  sample  of 
which  is  so  tested  as  aforesaid,  shall  come  within  the  inhibi- 
tion of  this  section,  and  shall  not  be  sold  or  offered  for  sale 
for  illuminating  purposes.  And  it  shall  be  unlawful  for  any 
person,  firm  or  corporation  to  use  the  same  vessel  or  meas- 
ure for  measuring  to  purchasers  both  illuminating  oils  and 
gasoline.  And  it  shall  also  be  unlawful  for  any  person,  firm 
or  corporation  to  sell  or  offer  for  sale,  or  to  have  in  his.  her, 
their  or  its  possession  with  intent  to  sell,  any  illuminating 
oil  which  is  adulterated  with  paraffine  or  other  substances, 
and  which,  in  consequence  of  such  adulteration,  will  emit  a 
vapor  or  gas  which  will  ignite  at  a  temperature  of  less  than 
110  degrees  Fahrenheit,  upon  a  test  made  as  provided  in  this 
section. 


♦33 

Sec.   187.     Inspector  of  oils.    Duties.    Tests.    It   shall    be 
the  duty  of  the  inspector  of  oils  and  sealer  of  weights  and 
measures,  when  notified  to  inspecl  all  such  oils  as  promptly 
.1-.  possible  thereafter,  and  to  reject  for  illuminating  purpo 
all  such  oils  as  will  emit  a  combustible  vapor  at  the  tempi 
hire  of  less  than  110  degrees  Fahrenheit,  by  the  test  provii 
Said  officer  shall   mark  plainly  and   indelibly  on   each   cask, 
barrel,  package  or  other   receptacle,   "Approved    Flash 
Being    110,"    if   such   oil    shall    meet   such    requirement,    with 
his  name  and  title  of  office;  but  if  said  oil  so  tested  shall  nol 
meet    said   requirement,   then   such  officer   shall   mark   plainly 

indelibly  on  each  cask,  barrel,  package  or  other  n 
tacle  containing  the   same.  "Ke  r   Illuminating    P 

poses,"    together    with     hi-     name     and     title     of    office.       All 

line,  however  confined,  shall  he  inspected  by  said  of- 
ficer, and  each  cask,  barrel,  package  or  other  receptacle 
containing  the  same  -hall  be  by  -aid  officer  plainl)  and 
indelibly  marked,  "Rejected  for  Illuminating  Purpo 
gether  with  his  name  and  title  of  office.  Said  officer  shall 
record  each  inspection  within  twenty-four  hour-,  in  a  book 
prepared  for  the  purpose,  which  shall  be  open  tor  inspection 
to   all   persons  interested. 

Sec.  188.  Fees  as  oil  inspector.  For  service-  performed 
in  inspecting  oils  a-  aforesaid,  the  inspector  of  oils  ami 
sealer  of  weights  and  measures  shall  collect  in  advance  from 
the  person  owning  the  oil  inspected,  for  the  use  and  benefit 
of  the  city,  the  following  lee-,  to  wit: 

For  all  oils  and  gasoline  in  barrel-  or  tank  car-,  one-fifth 
of  a   cent    per   gallon,    for    "il-    in    cases,   one    '1>    cent    per 
gallon;    for    lots    from    one    gallon    to    twenty-five    gall 
three-fourths   .if   a    cent    per   gallon    for   all    lot-    from    twenty 
five   gallons   to   fifty   gallons;  one-half  of  a  cent   per   gallon 
for   all    lots  over   fifl  ns.      Thi  nicer    shall 

a  correct  account  of  all  fee-  collected,  and  such  fees  -hall  be 
by   him   covered   into   the  city   treasury   "ti    the   fir-;    Moti 


434 

following  their  collection,  and  must  be  accompanied  by  a 
statement   thereof   duly    verified   by   said  officer. 

Sec.  189.  Inspector  not  to  trade  in  illuminating  oils. 
It  shall  be  unlawful  for  the  inspector  of  oils  and  sealer  of 
weights  and  measures  during  his  term  of  office,  to  buy. 
sell,  bargain  or  trade,  directly  or  indirectly,  in  any  illumi- 
nating oil. 

Sec.  190.  Dealers  prohibited  from  selling  illuminating  oil 
below  standard.  It  shall  be  unlawful  for  any  person  or 
dealer  to  sell,  or  offer  for  sale,  to  any  person  in  this  city, 
any  illuminating  oil.  which  shall  be  below  the  approved 
standard  as  hereinbefore  indicated  and  determined,  or  before 
the  same  shall  be  inspected  and  approved  ;  or  for  any  dealer 
or  inspector  to  falsely  brand  any  cask,  barrel  or  package 
containing  illuminating  oil,  or  procure  the  same  to  be  done, 
or  to  use  any  cask,  barrel  or  package  having  the  inspector's 
brand  thereon,  and  the  oil  therein  not  to  have  been  inspected 
as   hereinbefore    provided. 

Sec.  191.  Penalty.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars  or 
by  imprisonment  in  the  city  jail  for  a  period  not  longer  than 
thirty  days.  The  court  may,  in  imposing  a  fine,  enter  as  a 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine  the  defendant  may  \<v  imprisoned  in  the  city  jail  For  a 
period  not  exceeding  thirty  da)  S. 

NUISANCES. 

Sec.  192.     Nuisances  defined.     Whatever  is  dangerous  to 

human  life  or  health  and  whatever  renders  soil,  air.  water 
or  food  impure  or  unwholesome,  are  declared  to  be  nuisances 
and  to  be  illegal.     It  shall  be  unlawful  for  any  person,  either 


as   owner,   agent    or  occupant,   to   create   or   aid    in    creating 
ntributing  to,  or  to  maintain  a  nuisance. 
It    shall    be   unlawful    for   any    person    to    throw    or   ■ 
or,   having  thrown   or  cast,   to  allow    to   remain   upon   or   in 
anj   street,  road,  ditch,  gutter,  public  place,  private  premi 
vacant    lot,    water   course,    lake,    spring   or    well    any    ho 
refuse,  offal,  garbage,  dead  animals,  decaying  vegetable  mat- 
ter, or  organic  waste  substance  of  any  kind. 

Sec.   193.      Befouling  water.     It  shall  be  unlawful   for  an) 

stablish  or  permit   to  be  established   within   fifty 

feet    of   any   surface    well,   spring,   or   other   source  of   water 

used    for    drinking   or    culinary    purposes,    any    privy,    vault, 

spool  or  reservoir  into  which  a  privy,  water  closet,  si 
Or  -ink  is  drained. 

[1    shall    be   unla  ir   any   person   to   build   or   main- 

tain a  pig  pen  within  one  hundred  feet  of  any  well  or  spring 
of  water  used  for  drinking  purposes,  or  within  fifty  feel 
of  am   streel  or  any  inhabited  hot 

It    shall    be    unlawful    for    any    person  iblish    or 

maintain    a    hog   yard    or   piggery    within    one    hundred    feet 
ny  natural  stream  or  water  course  used   for  culinary  pur- 
poses,   and    the    drainage    from    same    -hall    in    no    case    be 
permitted  to  reach  any  natural  stream. 

Sec.     194.     Nuisances.       Complaints,    etc.     Whet 
complaint   is  made  in   writing  or  otherwise  ••!    the  exist* 
nuisance  to  the  board  of  health,  the  health  comn 
regularly  appointed  inspector  shall  forthwith  in 
and   determine    whether  the   alleged   nuisano  rimental 

to  the  public  health,  or  the  cause  of  an)    special   dis 
mortality,  and   in  case  he   -hall   so   find,   he  shall   notify   the 
occupant,  or,  if  unoccupied,  the  owner,  agent  or  person  having 
charge   of    the    premises,   in    writing,   of   such    finding 
hoard    of    health    -hall    order    and    rlii  abatement    and 

removal  of  the  same  within  two  day-;  and  in  the  the 

failure  of  the  occupant,  or.  if  nil' 


436 

person  in  charge  of  said  property  to  abate  and  remove  the 
nuisance,  then  the  health  commissioner  may  proceed  to  abate 
and  remove  the  same  and  may  employ  all  the  force  necessary 
to  do  so. 

Sec.  195.  Privies,  etc.  Whenever,  in  the  opinion  of  the 
board  of  health  or  the  health  commissioner,  any  privy,  vault 
or  cesspool  has  become  the  receptacle  of  infectious  disease 
or  has  become  a  menace  to  health,  the}-  shall  have  power  to 
order  such  privy  or  cesspool  disinfected,  or  filled  in  and 
abandoned. 

Sec.  196.  Slaughter  house,  market,  meat  shop.  It  shall 
be  unlawful  for  the  owner  or  occupant  of  any  slaughter 
house,  market,  meat  shop,  or  other  place  wherein  any  ani- 
mals are  slaughtered,  kept  or  sold,  to  permit  the  said  prem- 
ises or  yard  connected  therewith  to  remain  unclean  or  in  any 
state   or   condition    detrimental    to   health. 

Sec.  197.  Unclean  drain  or  garbage  receptacle.  It  shall 
be  unlawful  for  any  person  to  cause  or  permit  any  unclean, 
stinking,  foul,  defective  or  filthy  drain,  ditch,  tank  or  gutter, 
or  any  leaking  or  broken  slop,  garbage  or  manure  box,  or 
receptacle  of  similar  character  to  remain  on  his  premises. 

Sec.  198.  Refuse.  Accumulation.  It  shall  be  unlawful 
for  any  person  to  permit  vegetable  waste,  litter,  garbage, 
filth  or  refuse  of  any  nature,  kind  or  description  to  accumu- 
late within  or  upon  any  private  alley,  yard  or  area  except 
the  same  is  temporarily  deposited  for  immediate  removal. 

Sec.  199.  Accumulation  of  manure  in  stable  prohibited. 
It  shall  be  unlawful  for  any  person  having  charge  of  any 
stable,  stall,  shed,  apartment  or  yard  in  which  any  animal 
shall  be  kept,  or  in  any  place  within  the  limits  of  Salt  Lake 
City  in  which  manure  or  liquid  discharges  of  any  animal  shall 
accumulate  or  collect,  to  permit  such  stable,  stall,  shed, 
apartment  or  yard  to  be  kept  in  an  unclean  or  unsanitary 
condition- 


Sec.    200.      Unpaved    private    alleys.      District.      All    un- 
paved   private  alleys   between   the   west    side   of    First    V 
streel  and  the  east  side  ol  Second  East  street,  and  the  north 
side  of  South   Temple   street    and    the   south    sid<  nrih 

South    >ircct.   arc.  and    each   of   them    hereby    is   declared   to 
be  detrimental  to  the  health,  peace  and  comfort  of  the  inh 
itants    of    this    city,    and    a-~    such    each    of    them     is    hei 
declared     tO    he    a     nuisance. 

Sec.  201.  Dirt,  waste,  rags,  casks.  Whenever  there  shall 
be  found  in  or  about  any  lot  or  piece  of  ground  any  dirt 
gathered  in  cleaning  yard-,  waste  of  mills  or  factories,  or 
any  rags,  damaged  merchandise,  wet,  broken  or  leaking 
barrels,  casks  or  boxes,  or  any  materials  which  are  offensive 
nr  tend  to  decay,  to  become  putrid,  or  to  render  the  ati 
phere  impure  or  unwholesome,  the  same  shall  be  deemed  a 
nuisance,  and  it  shall  be  unlawful  for  anj  person  occupying 
or  owning  such  premises  to  Fail  e  the  same. 

Sec.   202.     Bone  crushing,  glue  making,   etc.     The   b 
ness  of  bone  crushing,  bone  boiling,  fat   boiling,  u'nt   clean 
ing,  or  the  making  of  glue,  or  the  manufacture  of  fertili 
material    from   any  dead   animal,  or   part    then 
ing   of   offal,   swill,   fat   or   gri 

carried   on    in    an   offensive,   unclean   or   defective   manner   in 
any  building,  yard  or  lot  of  ground  within  the  limits  of 
Lake  City,  shall  be  deemed  a  nuisance,  and  it  shall  be  unlaw- 
ful  for  the  owner  or  manager  of  any  such  business  to  fail 
to  abate  the  same. 

Sec.    203.      Soap,    candle,   oil,   glue    factory.      It    shall    be 
unlawful    for    the   owner   or   occupant    of    any    soap 
candle    factory,    glue    factory,    p"rk    house,    lard    h 
laundry  to  permit  the  same  to  remain  unclean,  oi 
his  business   •■  <  the  annoyance  of   thi 

Sec.  204.     Offensive  liquid  or  refuse.     I;   shall  be  un 
ful    for   the   owner  iny   distillery,   brew 


438 

tannery,  hide  house,  pork  house,  laundry,  fish  house,  soap 
factory  or  an}'  yard,  dwelling,  store  or  factory,  or  any  yard 
or  enclosure  of  any  kind  whatsoever,  to  place,  conduct  or 
discharge  into  or  on  any  street,  alley,  sidewalk,  gutter, 
water  ditch  or  canal,  or  any  vacant  lot,  any  filthy  or  offen- 
sive water,  liquid  waste,  refuse  or  discharge  of  any  kind 
which  is  offensive  or  liable  to  become  so 

Sec.  205.  Brewery,  tannery,  barn.  It  shall  be  unlawful 
for  the  owner  or  occupant  of  any  brewery,  distillery,  tan- 
nery, livery  stable,  barn,  laundry  or  factor)  of  any  kind, 
place  or  premises,  to  permit  the  same  to  become  noisome, 
foul   or  offensive. 

Sec.  206.  Dead  animals.  It  shall  be  unlawful  for  the 
owner  of  any  animal  that  shall  die  or  be  killed  within  the 
limits  of  Salt  Lake  City  to  fail  to  remove  the  carcass  of  such 
animal  within  three  hours  after  its  death  to  a  place  desig- 
nated bv  the  board  of  health. 

Sec.  207.  Unsound  food  or  offensive  matter.  It  shall  be 
unlawful  for  any  person  to  throw,  place  or  conduct  into  or 
upon  any  street,  alley,  lot,  or  into  any  aqueduct,  ditch,  gutter 
or  canal,  any  putrid  or  unsound  meat,  fish,  hides  or  skins 
of  any  kind,  or  filth,  offal,  dead  animals,  vegetables,  or  any 
unsound  or  offensive  matter  whatsoever;  provided,  however, 
that  this  section  shall  not  apply  to  the  spreading  of  manure 
upon  land  for  the  purpose  of  fertilizing  the  soil. 

Sec.  208.  Putrid  fat,  waste  paper,  old  clothes.  It  shall 
be  unlawful  for  any  person  to  keep,  collect  or  use  or  permit 
to  be  kept,  collected  or  used  in  any  manner  detrimental  to 
health,  any  stale,  putrid  or  noisome  fat,  grease  or  other 
offensive  matter,  or  to  throw  or  place  in  or  on  any  street, 
alley,  sidewalk,  gutter,  ditch,  aqueduct,  canal  or  vacant  lot. 
anv  waste  material. 


Sec.  209.     Acts  and  omissions  deemed  a  nuisance.    Every 
or  thing  done  or  made,  permitted,  alfowed  or  contin 

in  violation  of  the  preceding   sections  of  this  chap         shall 

be  deemed  a  nuisance. 

Sec.  210.  Health  commissioner  to  abate.  In  case  "i 
neglecl  or  refusal  of  an\  person  to  abate  am  nuisance 
fined  by  this  chapter,  after  notice  in  writing  has  been  served 
upon  him,  as  provided  in  Section  2\2.  and  within  the  ti 
in  said  notice  specified,  it  is  hereby  made  t ho  duty  of  the 
health  commissioner  to  abate  or  procure  the  abatement 
thereof,  and  tin-  expense  of  such  abatement  shall  be  col- 
lected from   the  person  so  offending. 

Sec.  211.     "Author  of  nuisance"  defined.    Where  a  nuis- 
ance    exists    upon    property,    and    is    the    outgrowth    of    the 
usual,   natural   or   necessary   use   of   tin-   property,   tin-    land 
lord    tin:  in.    the    truant,   <>r    hi-    agent,    and    all 

other  persons  having  control  "i  the  propert)   on   winch  such 
nuisance  cxi-ts.  -hall   Ik-  deemed  t"  It   tin-  authors  thereof, 
and    shall    he    equally    liable    therefor;   hut    when-    any    such 
nuisance  --hall  arise  from  tin.-  unusual  or  unnecessar)    usi 
which  such  propert)    maj    be  put,  or  from  business  thereon 

lucted,   then    the  occupants,   and   all   other   persons 
tributing    to    the    continuanc  such    nuisance,    shall    be 

deemed  the  authors  then 

Sec.  212.     Notice  to  abate  nuisance.      In  order   to  b< 
carry  out   the  provisions  of  1 1 1 i  —  chapter,  the  health  commis- 

er  may  -cr\.  <■  in   writing,  upon   the  ownei 

pant   or  if   any  lot,  building  or   premises   in   "r   upon 

which   any   nuisance   may  be   found,  or   upon   him    who 
be  the  cause  of  such   nuisance,   requiring  him   : 
same  in  such  manner  as  the  health  emu 

and  within  a  reasonable  tin;  !  in  the  and 

failure  t"  give  a  noti  provided   herein   shall 

the   author   of   any    nuisance    from    the   oblij 


440 

such  nuisance,  or  from  the  penalty  provided  for  the  main- 
tenance thereof. 

Sec.  213.     Duty  and  power  of  the  health  commissioner. 

It  shall  be  the  duty  of  the  health  commissioner  to  ascertain 
and  cause  all  nuisances  declared  to  be  such  in  this  chapter 
to  be  abated,  and  he  shall  have  authority,  either  by  himself 
or  by  his  agents  or  deputies,  in  the  day  time,  to  enter  any 
house,  stable,  store  or  any  building,  in  order  to  make  a 
thorough  examination  of  cellars,  vaults,  sinks  or  drains ;  to 
enter  upon  all  lots  and  grounds  and  cause  all  stagnant 
waters  to  be  drained  off,  and  pools,  sinks,  vaults,  drains, 
holes  or  low  grounds  to  be  cleansed,  filled  up  or  otherwise 
purified,  and  to  cause  all  noisome  substances  to  be  abated 
or  removed. 

Sec.  214.  Flies.  It  shall  be  unlawful  for  any  person  to 
suffer  or  permit,  or  have  upon  his  premises,  whether  owned 
or  occupied  by  him,  either  one  or  more  of  the  following 
unsanitary,  fly-producing,  disease-causing  conditions,  to  wit: 

First — Manure  which  is  not  securely  protected  from 
flies: 

Second — Any  privy,  vault,  cesspool,  sink,  pit  or  like 
place  which  is  not  securely  protected  from  flies; 

Third — Garbage  which  is  not  securely  protected  from 
flies ; 

Fourth — Vegetable  waste,  trash,  litter,  rags  or  refuse 
of  any  kind,  nature  or  description  in  which  flies  may  breed 
or  multiply. 

SMOKE  NUISANCE. 

Sec.  215.  Smoke  niusance  defined.  The  emission  of 
dense  or  thick,  black  or  gray  smoke  or  cinders  from  any 
smokestack  or  chimney  used  in  connection  with  any 
stationary  engine,  locomotive,  steam  boiler  or  furnace  of  any 
description,  within  the  limits  of  the  City  of  Salt  Lake,  shall 


441 

be  deemed,  and  is  hereby  declared  to  be  .1  public  nuisai 
provided,  that   nothing   in   this  ordinance   shall   be   construed 
.1-   applying   to   the  chimneys   of   111111(1111--   used   exclusively 

for  private  residences. 

Sec.  216.     Who  deemed  guilty.     That   the  0  rent, 

lessee,  or  occupant  of  an}  building  of  any  description  from  the 
smokestack  or  chimney  of  which  there  shall  issue  or  In- 
omitted  thick  or  delist-  black  or  gray  smoke  or  cind 
within  the  City  of  Sail  Lake,  shall  be  deemed  and  held 
guilty  of  creating  a  public  nuisance,  and  of  \  i<  >1  :i t i  1 1  ur  the 
provisions  of  this  ordinance. 

Sec.  217.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  Fifty  Dollars 
by  imprisonment  in  the  city  jail  for  a  period  not  longer  than 
thirty  days.  The  court  may.  in  impi  >sing  a  fine,  enter  as  a  part 
of  the  judgment,  that  in  default  of  the  payment  of  the  fine 
the  defendant  may  be  imprisoned  in  the  city  jail  for  a  period 
not  exceeding  thirty  days. 

MISCELLANEOUS  HEALTH   LAWS. 

Sec.  218.     Drinking  cups.      It   shall   be   unlawful   for  any 
son    to   keep   or   provide   or    suffer   or   permit    to    be    kept 
for    use    in    common,    any    drinking    vessel    in    any    raili 
station,  public  or  private  school,  public  play   ground,  pi 
park,   public   building  or   in   any   other   building    or   premi 
to   which   the   public   is  admitted 

Sec.    219.      Spitting.     Washing.     Drinking    fountains.      It 
shall  be  unlawful  for  any  person  to  expi 
perform    any    ablutions    in.    upon.    at.    or    near    any    pu 
drinking   fountain. 

Sec.   220.      Construction   of  wells.      It    shall    be    unla 
for  any  person  met  or  1  -l,1.v 


44i 

well  within  the  city  limits,  unless  such  well  is  piped  with 
iron  and  sunk  either  below  an  impermeable  stratum  or 
formation,  or  to  a  depth  of  not  less  than  seventy-five  feet ; 
provided,  however,  that  nothing  herein  contained  shall  be 
deemed  to  apply  to  artesian   wells. 

Sec.  221.  Condemnation  of  wells.  The  health  commis- 
sioner, after  analysis  of  the  water  of  any  well  used  for 
potable  or  culinary  purposes,  may  condemn  and  prevent  the 
use  of  such  water  if  the  same  shall  be  detrimental  to  health. 

Sec.  222.  Use  of  water  for  drinking  from  wells 
regulated.  It  shall  be  unlawful  for  any  person  to  use,  or 
permit  to  be  used  for  drinking  purposes,  anv  water  from  any 
well,  except  it  be  from  a  well  constructed  in  accordance  with 
the  provisions  of  this  chapter. 

Sec.  223.  Analysis  of  city  water.  It  shall  be  the  duty 
of  the  board  of  health  to  make  or  cause  to  be  made  once 
in  every  three  months  a  bacteriological  examination  and  a 
chemical  analysis  of  the  water  furnished  by  the  city  through 
its  water  system,  and  report  the  same  to  the  board  of  com- 
missioners. 

Sec.  224.  Alley  ways  to  be  kept  clean.  It  shall  be 
unlawful  for  an}-  owner,  occupant  or  tenant  of  any  premises 
abutting  on  alley  ways,  to  fail  to  keep  such  part  of 
said  alley  way,  or  said  premises,  clean  and  free  from  swill, 
ashes  and   rubbish   of  any  and   all   kind-. 

Sec.  225.  Privies  and  sinks  to  be  provided.  It  shall 
be  unlawful  for  the  owner  of  any  structure  used  as  a  dwell- 
ing house,  boarding  house,  factory  or  for  any  other  purpose 
where  people  dwell  or  are  employed,  to  fail  to  furnish 
such  premises  with  such  privy  vaults,  water-closets  and 
sinks  as  may  be  required  by  the  board  of  health,  and  to 
maintain  the  same  in   a  sanitary  condition. 


443 

Sec.  226.  Unlawful  to  use  containers  more  than  once. 
It  shall  be  unlawful  For  any  person  engaged  in  the 
business  of  buying  and  selling  fruit  or  vegetables,  or  w 
■  or  offers  for  sale  within  Sail  Lake  Cit)  an)  fruit  or  v< 
tables,  to  use,  suffer,  permit  or  cause  to  be  used  more  than 
once,  as  containers  for  such  fruit  or  vegetables,  an)  berry  cup-. 
boxes,  crates,  sacks  or  other  receptacles. 

Sec.  227.  Food  products  on  platforms,  h  shall  be  unlaw- 
ful for  any  person  to  keep  for  sale,  offer  for  sale,  or  displa) 
outside  of  any  premises  any  food  products,  unless  the; 
kept  on  platforms  not  less  than  eighteen  inches  high  and  so 
covered  as  to  be  protected  from  dust,  dirt,  flies  and  other 
contamination. 

Sec.    228.      Dust.     Prevention    of.      It    shall    be    unlawful 
for  any  person  to  sweep  any  street  or  sidewalk  in  Salt   Lake 
without     first    sprinkling    same    with    water,    or    some 
substance,  so  as  to  prevent  the  raising  of  dus 

Sec.  229.  Distribution  of  medicines  and  proprietary 
preparations.  It  shall  l>e  unlawful  for  any  person  to 
tribute  an)  -ample-,  packages,  parcel-,  boxes,  bottles  or  other 
quantity  of  an)  nostrum,  pills,  proprietary  or  patent  medi- 
cine- or  an)  other  material  of  medicinal  or  alleged  medicinal 
character,  or  purporting  to  be  a  curative  agent  or  an) 
article  hurtful  to  a  human  being,  by  handing,  giving  "r 
furnishing   the   same   to  any   person   in   parks,   streets,   all 

thoroughfares   or   b)    leaving,   casting   or   depositing    the 
-ame    in   yards   or   upon    the   premises   of   an)    residenci 
other   private   grounds,   or   upon   or   about    school    buildi 
or  grounds   within   the  limits  of  Salt    Lake  City. 

Sec.  230.     Discontinuance  of  privy  vaults  and  cesspools. 
hall  be  unlawful  for  the  owner  or  owners  of  an)   property 
within  this  city,  or  his,  her  or  their  her 

■    .n  or  persons  having  charge  of  or  occuj 


444 

erty,  said  property  being  located  upon  any  street,  alley,  court, 
passageway  or  area,  and  within  four  hundred  feet  of  a  sewer 
along  any  street  or  alley  of  this  city,  to  neglect  or  refuse,  for 
the  period  of  twenty  days  after  notice  from  the  board  of 
health  of  this  city,  to  discontinue  the  use  of,  clean  out,  dis- 
infect and  fill  up  all  privy  vaults  and  cesspools  on  such 
property,  or  to  neglect  or  refuse  for  such  period  after  such 
notice  to  remove  the  seat  or  seats  from  all  outside  closets  on 
such  property. 

Sec.  231.  Premises.  Care  of.  When  any  lot  or  ex- 
cavation in  the  city  shall  from  any  cause  whatsoever  be- 
come the  repository  of  stagnant  water  or  of  anv  decaying 
or  offensive  substances,  liquid  or  solid,  it  shall  be  the 
duty  of  the  owner,  occupant  or  agent  of  said  premises 
(within  a  specified  time  given  in  a  written  notice  from 
the  health  department)  to  cause  such  excavation  or  lot  to 
be  drained  or  cleaned  and  to  be  filled  with  clean  earth  or 
other   inoffensive   substances. 

Sec.  232.  Obstetrics,  midwifery  and  lying-in  hospitals. 
It  shall  be  unlawful  for  any  person  to  establish,  conduct 
or  operate  a  lying-in  hospital,  house  or  place  for  the 
practice  of  obstetrics,  midwifery  or  accouchement,  or  to 
receive  patients  for  delivery  in  childbirth  or  confinement, 
without  first  applying  for  and  receiving  a  permit  in  writing 
so  to  do  from   the  board  of  health. 

Any  person  desiring  such  a  permit  shall  make  and  file 
with  the  board  of  health,  an  application  therefor  in  writing. 
The  name,  age,  sex,  residence,  place  of  business,  and  occupa- 
tion of  the  applicant  shall  be  stated  in  such  application, 
and  the  previous  experience  of  the  applicant  shall  be  stated 
fully  therein.  The  applicant  shall  state  in  such  application 
where  he  or  she  shall  have  resided  for  a  period  of  five  vears 
next  preceding  the  date  of  filing  such  application.  Such 
application  shall  be  signed  by  the  applicant  and  shall  be 
sworn  to  before  an  officer  authorized  to  administer  oaths. 


445 

The  board   of   health   shall   make   an   investigation    i 
the    experience    and    historj     oi    each    person    applying 
such    a    permit,    and    if    it    shall    be    found    thai    an)     Mich 
person   has  committed   any   criminal   or  inirm  has 

hern  guilty  of  an)  crime  or  of  any  criminal  or  immoral 
practice  the  application  of  such  person  shall  be  denied  1  > \ 
the  said  heard. 

If  the  said  board  shall  determine  that  such  application 
should  be  -ranted,  a  permit  in  writing  shall  be  issued  to 
the   person   applying    therefor. 

If    the    holder    of    any    such    permit    shall    commit    any 

criminal    or    immoral    act    or    shall    l>e    guilty    of    any    crime 

or  of  any  criminal  or  immoral   practice,   the  board  of  health 

- 
shall    revoke  the   permit  oi    such    person. 

Each   permit  shall   expire   at   the   end   of  one   year 

and    after    the    date    thereof,    unless    sooner    revoked.      Such 

permii    may   be   renewed    1>\    the   board   of   health   from    year 

to    year.       Each     Mich     renewal     shall     expire    at     the    end    of 

year     from     and    after    the    date     thereof,    mile- 

revoked. 

Sec.  233.  Swimming  pools  and  natatoriums.  It 
be  and  is  hereby  declared  unlawful  for  any  person  to  conduct. 
manage,  or  maintain  any  natatorium,  swimming  pool,  or  tank 
in  or  within  any  building  or  structure  in  the  City  of  Salt 
Lake,  or  for  any  person  to  bathe  in  or  use  any  Mich  i 
torium,  swimming  pool,  or  tank  without  complying  with  all 
the    requirements,    rules    and    regulations    in    this    ordini 

.lined  for  the  protection  and  safety  of  the  health  and 
of    the    patrons   of    such    natatorium-  or   tanks.      The 

commissioner  of  health  of  the  Cit)  of  Salt  Lake,  or  his  duly 
authorized  a{  re  hereby  charged  with  the  enforcement 

of  the  provisions  of  this  ordinan 

All  such  pools  or  tank-  shall  be  thoroughly  cleaned  at 
least    once   each    week   in   a   manner   and   l>y   the  uch 

disinfecting  r  cleansing  materials  as  may  he  required 

by   the  commissioner  of  health,  and  all   such   pi  mks 

39 


446 

shall  be  emptied  and  the  water  therein  completely  changed 
at  least   twice  each  week. 

The  sides  and  bottoms  of  all  such  pools  or  tanks  shall  be 
white,  so  that  objects' may  be  clearly  seen,  so  far  as  possible, 
in  all  portions  of  the  pool  or  tank. 

The  management  of  all  such  natatoriums,  swimming 
pools,  or  tanks  shall  provide  a  sufficient  number  of  attend- 
ants, instructors,  and  life-savers,  with  qualifications  and 
training  sufficient  to  enable  them  in  cases  of  necessity  to 
protect  and  save  the  lives  of  those  using  such  pools  or  tanks  : 
provided,  that  the  provisions  of  this  section  shall  not  apply  to 
clubs  and  athletic  institutions  patronized  bv  members  only : 
provided,  however,  that  such  institutions  shall  have  attend- 
ants and  swimming  instructors  on  duty  at  all  times  while 
women,  and  children  under  the  age  of  16  years,  are  using 
the  pools  or  tanks  therein :  but  no  child  under  the  age  of 
12  years  shall  be  permitted  to  use  or  occupy  any  such  pool 
or  tank,  whether  open  to  the  public  generally  or  not,  unless 
accompanied  by  a  parent  or  other  mature  and  responsible 
person. 

No  intoxicated  person,  or  one  afflicted  with  any  infectious 
or  contagious  disease,  shall  use  or  be  permitted  to  use  any 
swimming  pool  or  tank. 

No  person  shall  use,  or  be  permitted  to  use,  am  pool 
or  tank  while  the  same  is  being  emptied  or  refilled,  or  while 
the  same  is  empty,  and  no  patron  shall  be  allowed  in  or 
about  the  same  at  such  time. 

All  chutes  constructed  and  used  in  or  above  any  swim- 
ming pool  or  tank  shall  be  constructed  in  a  safe  and  proper 
manner,  and  no  person  shall  slide  down  such  chute  while 
standing  or  in  a  kneeling  position. 

All  such  swimming  pools  or  tanks  shall  be  provided  with 
cuspidors,  which  shall  be  kept  and  maintained  in  all  dressing 
rooms  and  at  the  edge  of  all  pools,  and  gutters  shall  be 
constructed  at  the  edge  of  all  pools  or  tanks  of  such  depth 
and  of  such  design  as  will  effectually  prevent  water  or 
other  matter  from  flowing  or  falling  into  such  pool  or  tank. 


447 

All  persons,  before  entering  any  such  swimming  | 1  or 

tank,  shall  be  required  to  thoroughly  cleanse  the  body 
through  the  use  of  the  shower  or  other  similar  device  main- 
tained and  used  for  such  purpose. 

That  all  the  provisions  of  tin-  ordinance  requiring 
changes  or  alterations  in  construction  in  natatoriums,  swim- 
ming | Is  or  tank-  shall  be  carried  oul   as  r«.< [ u i r*.-<  1  by  the 

commissioner  of  health,  but  all  such  changes,  alterations,  and 
installations  must  be  made  and  fully  completed  and  installed 
within  six  months  from  tin-  time  of  the  taking  effect  of  this 
ordinance. 

That    hereafter    before    the    construction    of    any    n 
torium,  swimming  pool,  or  tank,  the  plans  and  specifications 
for  such   structure   shall   be   submitted   t<>  anil   approved   by 
the   commissioner  of   health    before   a    permit    therefor    -hall 
be  issued  by  the  building  department. 

It  -hall  he  unlawful  for  any  person  t"  expectorate  in  the 
water  of  any  tank  or  pool,  or  to  blow  the  nose  therein,  or  in  or 
at  any  ether  place  than  in  cuspidors  provided  for  such 
purpose,  and  conspicuous  signs  shall  be  posted  in  all  such 
natatoriums,  pools,  "r  tanks  calling  attention  t..  the  fact 
that  spitting  i-  prohibited  except  in  the  cuspidors  and 
showing  the  place-  where  such  cuspidors  are  loca 

That  a  copy  of  this  ordinance  shall   he  posted,  and   kept 
posted,    in    a    conspicuous    place    in    all     such    natatoriums. 
swimming  pools,  and  tank-  for  the  guidance  and  informal 
of   the   public  and   patron-   of  such   placi 

Sec.  234.     Rabies  or  hydrophobia.    Notification.    Animals 
suspected  of  having.    Whenever  the  owner  "r  person  ha> 
the   custody   "r  ion   of  any   animal    shall 

learn  that  such  animal  ha-  shown  sympfc 

acted    in    a    manner    which     would    lead    a  nan 

-picion    that    it    might    have    ral 

•n  having  -!ia" 

immediately  notify  the  board  of  health  "r  the  h< 


448 

and  shall  allow  the  health  officer  or  other  official  of  the 
board  of  health  to  make  an  inspection  or  examination  of 
such  animal,  and  to  quarantine  such  animal  until  it  shall 
be  established  to  the  satisfaction  of  said  official  that  such 
animal  has  or  has  not  rabies. 

Whenever  it  is  shown  that  any  dog  has  bitten  any 
person,  the  owner  or  person  having  the  custody  or  possession 
thereof  shall,  upon  order  of  the  health  officer,  quarantine 
it  and  keep  it  tied  up  or  confined  for  a  period  of  two 
weeks,  and  shall  allow  the  health  officer  or  other  official 
of  the  board  of  health  to  make  an  inspection  or  examination 
thereof  at  any   time  during  said  period. 

If  it  shall  appear  to  the  health  officer  or  other  official 
of  the  board  of  health,  upon  an  examination  as  aforesaid, 
or  otherwise,  that  a  dog  or  other  animal  has  rabies,  he 
may    kill    it    forthwith. 

Whenever  any  animal  shall  be  bitten  by  another  animal 
having  rabies,  the  owner  or  person  having  the  custody  or 
possession  of  the  animal  so  bitten  shall,  upon  being  informed 
thereof,  either  kill  such  animal  or  quarantine  it  and  keep 
it  tied  up  or  confined  for  a  period  of  six  months,  and  the 
health  officer  or  other  official  of  the  board  of  health  shall 
have  power,  in  his  discretion,  to  kill  or  quarantine  the  animal 
so  bitten,  in  case  the  owner  or  person  having  the  custody 
or  possession  thereof  shall  fail  to  do  so  immediately,  or 
in  case  the  owner  or  person  having  the  custodv  thereof 
is  not  readilv  accessible. 

Sec.  235.     Domestic  animals.    To  prevent  contagion  by. 

It  shall  be  unlawful  for  any  person  to  suffer  or  permit 
dogs  or  cats  to  be  quartered  or  have  entrance  in  houses 
where  any  contagious  or  infectious  disease  occurs.  If 
exposed  to  such  disease,  or  if  any  such  disease  be  dis 
covered  upon  the  animal,  it  shall  be  the  duty  of  the  owner 
<  >r  custodian  immediatelv  to  have  such  dog  or  cat  humanely 
killed  and  the  body  removed  and  disposed  of  under  direction 


of  the  board  of  health.  Valuable  dogs  exposed  to  infection 
ma)    be  quarantined   under   the  approval  of  the  board. 

Sec.   236.      Births.     Registration.     The   board    of    hi 
shall    keep   a    book,   properly   indexed,   to   be   known   as   the 
Register  of  Births,  in  which  shall  be  recorded  a  copy  of  the 
birth  certificate  as  required  by  statute. 

Ever)    physician,   midwife,   nursi  ther   person    who 

shall  attend  professionally,  or  assist  at  the  birth  of  an) 
child  in  Salt  Lake  City,  shall,  within  ten  days  thereafter, 
fill  out,  sign  and  transmit  to  the  board  of  health  a  report 
of  birth,  as  required  by  law. 

Sec.   237.     Registration  of  deaths.     The  board   of   health 
hall  keep  a  hook  properly  indexed  in  which  shall  1><  recorded, 
as  required  by  law.  a  cop)  of  each  death  certificate  filed 

Sec.  238.     Burial  permits.     The  body  of  an)   person  whose 
death    occurs    in    the    city    shall    not    Ik1    interred,    depos 
in  a  vault   or  tomb,  cremated  itherwise  disposed  of, 

removed  From  or  into  any  registration  district  until  a  permit 
for  burial  or  removal  shall  have  been  properly  issued  by  the 
registrar  of  the  registration   district   in   which   the  death 
curs.     Ami  no  such  burial  or  removal  permit   will  he  issued 
b)    any  registrar  until  a  complete  and   satisfa 
and  return  of  the  death  has  been  filed  with  him.  as  provided 
by  law:  provided,  that   a  transit   permit,  issued  in  accordance 
with  the  law  and  the  health  regulations  of  the  place  where  the 
th  occurred,  may  be  accepted  by  the  local  registrar  in  the 
district  where  the  body  is  to  be  interred  or  otherwise  finally 
disposed  of  as  a  basis  upon  which  he  shall  is-ue  a  local  burial 
permit  in  the  same  way  as  if  the  death  occurred  in  his  district, 
hut  shall  plainl)   enter,  on  the  face  of  th< 
the  fact  that  it  was  a  body  shipped  in  tor  interment,  and 
the  actual  place  of  death.     But  when  a  b< 

a  district  in  cut   or  near  b)    distl  itcr- 

ment,  not  requiring  the  u  imon  earner  or  the  : 


450 

of  a  transit  permit,  then  the  registrar's  removal  permit  from 
the  district  where  death  occurred  may  be  accepted  as  authority 
for  burial. 

Sec.  239.  Stillborn  children.  Stillborn  children,  or  those 
dead  at  birth,  shall  be  registered  as  births  and  also  as  deaths, 
and  a  certificate  of  both  the  birth  and  the  death  shall  be 
filed  with  the  local  registrar  in  the  usual  form  and  manner, 
♦he  certificate  of  birth  to  contain,  in  place  of  the  name  of  the 
child,  the  word  "stillbirth."  The  medical  certificate  of  the 
cause  of  death  shall  be  signed  by  the  attending  physician,  if 
any,  and  shall  state  the  cause  of  death  as  "stillborn,"  with 
the  cause  of  the  stillbirth,  if  known  ;  whether  a  premature 
birth,  and,  if  born  prematurely,  the  period  of  uterogestation 
in  months,  if  known ;  and  a  burial  or  removal  permit  in  usual 
form  shall  be  required.  Midwives  shall  not  sign  certificates 
of  death  for  stillborn  children,  but  such  cases,  and  stillbirths 
occurring  without  attendance  of  either  physician  or  midwife, 
shall  be  treated  as  deaths  without  medical  attendance,  as  pro- 
vided for  in  the  statute. 

Sec.  240.  School  books.  Distribution  and  disinfection. 
It  shall  be  unlawful  to  cover  school  books  with  cloth  or 
any  material  other  than  paper.  In  all  schools,  academies 
and  colleges  where  there  is  a  free  distribution  of  school 
books,  such  books,  having  been  once  used,  shall  have  the 
paper  covers  removed  and  shall  be  thoroughly  disinfected 
in  accordance  with  the  rules  of  the  board  of  health :  there 
shall  be  no  distribution  oftener  than  is  necessary.  A  student 
having  once  received  a  school  book,  shall  retain  the  same 
as  long  as  such  book  is  necessary  in  his  studies.  It  shall 
be  unlawful  to  collect  from  students  in  schools,  academies 
and  colleges,  any  pencils,  sponges,  or  penholders  generally 
used  by  such  students,  and  distribute  the  same  to  other 
students,   except   after   disinfection. 

Sec.  241.  Penalty.  Any  person  violating  any  of  the 
provisions   of  this   ordinance   shall,   upon   conviction   thereof, 


•151 

be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  lor 
than  thirty  days.  The  court  maw  in  imposing  a  fine,  enter 
as  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  maj  be  imprisoned  in  the  city  jail 
for  a  period  nol  exceeding  thirty  days 


452 


CHAPTER   VI. 

BOUNDARIES  OF  SALT   LAKE  CITY. 

Section  242.  Beginning  at  a  point  2004  feet  south  of  the 
northeast  corner  of  the  northwest  quarter  of  Section  15, 
Township  1  north.  Range  1  west.  Salt  Lake  Base  and  Merid- 
ian ;  thence  south  5916  feet  to  the  center  of  Section  22,  Town- 
ship 1  north,  Range  1  west :  thence  west  2640  feet  to  the 
quarter  corner  between  Sections  21  and  22,  Township  1 
north,  Range  1  west :  thence  south  3960  feet  to  the  south- 
east corner  of  the  northeast  quarter  of  the  northeast  quarter 
of  Section  28.  Township  1  north.  Range  1  west:  thence 
west  4504  feet  to  a  point  776  feet  easl  of  the  southwest 
corner  of  the  northwest  quarter  of  the  northwest  quarter 
of  -aid  Section  28:  thence  south  25183  feet  to  a  point  783 
feet  east  and  103  feet  south  of  the  southwest  corner  of 
Section  16,  Township  1  south.  Range  1  west,  this  point  being 
due  west  of  the  southwest  corner  of  the  five-acre  lots: 
thence  east  10747  feet  to  the  west  bank  of  the  Jordan  river: 
thence  northerly,  along  the  west  bank  of  the  Jordan  River. 
tn  a  point  due  west  of  the  south  line  of  Tenth  South  Street; 
thence  east,  across  said  river  and  along  the  south  side  of 
Tenth  South  Street.  8264  feet  to  the  west  line  of  State 
Street :  thence  south  0°  03'  west,  along  the  west  line  of 
State  Street.  2')50  feet  t<>  the  south  line  of  Eleventh  South 
Street:  thence  east  along  the  south  side  of  Eleventh  South 
Street.  1617  feet  to  the  west  line  of  Third  East  Street: 
thence  south  0°  12'  west.  2873  feet  to  the  north  line  of 
Twelfth  South  Street;  thence  north  89°  ?2'  east,  along  the 
north  line  of  Twelfth  South  Street,  1625  feet  to  the  center 
line  of  Fifth  East  Street;  thence  south,  along  the  center 
line  of  Fifth  East  Street.  33  feet  to  the  center  line  of  Twelfth 
Smith  Street:  thence  east,  along  the  center  line  of  Twelfth 
South   Street.   24.85   feet    to   a    point    8    feel    west    of   the    east 


line  of   Fifth   East  Streel  produced;  thence  south  0     1_"  41" 
west,  parallel  with  the  east  line  of  Fiftl  14.85 

feet;    thence    north    89      48'    '!  3164  17    feet    I 

point    8    feet    west    of   the    east    line   of    Ninth    East    street; 
thence  north  89     48'  36"  east  2729.81   f< 
easterly   from    the   west    line   of-  Highland    Park    Drive 
duced;    thence    south    7      19'     15"    east    25.3    feet     to    the 
center    line    of    Thirteenth    £  Street;    thence    north 

51'    43"    east,    along    the    center    line    of    Thirteenth    South 
Street.  5565  feet  to  the  center  line  ol    Preston  Street;  tli 
north   (|     31'    58"    west,   along    the    center    line    of    Preston 
Street.   2703    feet;   thence   south   89     31'   49"    east    1293 
to  the  center  line  of  Twenty-first    East    Street;  thence  north 
0     16'  23"  east,  along   the  center  line  of  Twenty-fii 

et,   1997  feet   to  the  north  line  of  Twelfth  South  Sti 
thence    north    89      54'    29"    west,    along    the    north    lim 
Twelfth     South     Street.    3180    feet     to    the    center    line    of 
Seventeenth  treet;  thence  north  0     1"'  01"  east,  along 

the  center  line  of  Seventeenth  East  Street.  2838  feet  to  the 
T  line  of  Eleventh  Smith  Street;  thence  east,  along  the 
south  line  of  Eleventh  South  Street,  6  feet;  thence  north 
0°  27'  east,  parallel  with  and  6  feet  east  of  the  center  line 
of    Seventeenth  >uth    line 

Of   Tenth    South    Street;    then  10091    fc  liter 

line  of  Section   11.  Township  1   south,  Range   1   east;  th 
north     90  to     the     northeast     corner    of     the     SOUtll 

quarter  of  the  southwest  quarter  of  sail  n   11;  th- 

west     2640  a    point    on    th  n     line    betv 

on-     K)    and     11,    Township     1     south.     Range     1     • 
thence    north    238  int    on    the    south    boundary 

of  the   U.   S.   Military   Reservation;   then 
the  southeast  corner  of  said  Reservation;  thet 

'he    northeast    corn<  lid    Res 

west,  along  the   north   line  of  -ail    Reservation,   195 
a    point    on    the    section    lim 
Township    1    north.    Rat 

the    -out'  tier   of    Section  hip    1    north. 


454 

Range  1  east;  thence  east  4155  feet  to  a  point  1515  feet 
east  of  the  southeast  corner  of  the  southwest  quarter  of 
Section  23,  Township  1  north,  Range  1  east ;  thence  north 
8556  feet  to  a  point  636  feet  north  and  1515  feet  east  of  the 
center  of  Section  14,  Township  1  north,  Range  1  east; 
thence  west  38475  feet  to  the  place  of  beginning.  Area  49.615 
square  miles,  including  Fort  Douglas  Reservation  with  an 
area  of  3.691    square   miles. 


CHAPTER   VII. 

BUCKET    SHOPS,    AND    BUCKETING.      DEFINITION 
OF  WORDS  AND   PHK  \>I'S. 

Section  243.  The  following  words  and  phrases  used 
in  this  ordinance  shall,  unless  a  different  meaning  is  plainly 
required  by  the  context,  have  the  following  meaning: 

"Person"  shall  mean  an  individual,  corporation,  partner- 
ship or  association,  whether  acting  in  his.  its  or  their  own 
right  or  as  the  officer,  agent,  servant,  employe,  correspondent 
or  representative  of  another. 

"Contract"    shall    mean    any    agreement,    trade,    conl 
or  transaction. 

"Securities"  shall  mean  all  <         nces  oi  debl 
and  options  for  the  purchase  or  sale  thereof,   shares  in  any 
corporation    or    association,    bonds,    coupons,    scrip,    rights, 
choses   in   action,   and   other   evidences   of   debl    or   property 
and  options  for  the  purchase  or  sale  then 

"Commodities"  shall  mean  anything  movable  that  is 
bought  or  soh! 

"Bucket  Shop"  shall  mean  any  room,  office,  -tore. 
building  or  other  place  where  any  contract  prohibited  bj 
this  ordinance  is  made  or  offered  to  be  made. 

"Keeper"  shall   mean   any  person  owning,  keeping,  man- 
aging, operating  or  promoting  a  bucket  shop,  or  assi-tm 
keep,  manage,  operate  or  promote  a  bucket  shop. 

"Bucketing"    or    "Bucket    Shopping"    shall    mean: 
The   making  of  or  offering   to  make  any   contract    respecting 
the    purchase    or    sale    <>i    any     securities    or    coin: 
wherein  both  parties  thereto  intend,  or  such  keeper  intend-, 
that   such    contract   shall    be.   or    may    be.   terminated,    cl 
or    settled    according    to   or    upon    the  iblic 


456 

market  quotations  of  prices  made  on  any  board  of  trade  or 
exchange  upon  which  said  securities  or  commodities  are 
dealt  in,  and  without  any  actual  or  bona  fide  purchase  or 
sale  on  such  board  of  trade,  exchange  or  curb;  or  (b)  the 
making-  of  or  offering  to  make  any  contract  respecting 
the  purchase  or  sale  of  any  securities  or  commodities, 
wherein  both  parties  thereto  intend,  or  such  keeper  intends, 
that  such  contract  shall  be,  or  may  be  deemed  terminated, 
closed  or  settled  when  such  public  market  quotations  of 
prices  for  the  securities  or  commodities  named  in  such  con- 
tract shall  reach  a  certain  figure  without  a  bona  fide 
purchase  or  sale  of  the  same:  (c)  the  making  of  or  offering 
to  make  any  contract  respecting  the  purchase  or  sale  of  any 
securities  or  commodities,  wherein  both  parties  thereto  do 
not  intend,  or  such  keeper  does  not  intend,  the  actual  or 
bona  fide  receipt  or  delivery  of  such  securities  or  com- 
modities, but  do  intend,  or  such  keeper  does  intend,  a  settle- 
ment of  such  contract  based  upon  the  difference  in  such 
public  market  quotations  of  prices  at  which  said  securities 
or  commodities  are,  or  are  asserted   to  be  bought   and   sold 

It  shall  be  unlawful  for  any  person  at  or  in  any  bucket 
shop  within  Salt  Lake  City  to  make  or  offer  to  make  any 
contract  defined  in  the  preceding  section,  or  to  be  the 
keeper  of   any  bucket   shop. 

It  shall  be  unlawful  for  any  person,  at  or  in  any 
bucket  shop  within  Salt  Lake  City  to  communicate,  receive, 
exhibit  or  display  in  any  manner  any  statement  of  quota- 
tions of  prices  of  any  securities  or  commodities  with  an 
intent  to  make,  or  offer  to  make,  or  to  aid  in  making, 
or  offering  to  make  any  contract  prohibited  by  this 
ordinance. 

It  shall  be  unlawful  for  any  person  to  enter  or  visit 
or  to  be  or  remain  in  any  room  or  premises  or  place  used 
in  whole  or  in  part,  as  a  place  for  conducting  or  carrying 
on  a  bucket  shop,  or  bucketing  or  bucket  shopping,  for  the 
purpose  of  doing  any  act   prohibited  by  this  ordinance. 

It  shall  be  unlawful  for  any  person  to  knowingly  permit 


•157 

an)    house,   room,   apartment,   premi  place   owned    by 

him  or  under  his  charge  01  r  otherv 

to   be  used   in    whole   or   in   part,  as  a   place    for  conduct 
or    carrying    on    a    buckel     shop    or    bucketing    or    bucket 

shopping 

Sec.  244.     Testimony,  etc.     No  person  shall  he  excused 
from   attending   ami    testifying,   or   producing   books,   pa] 
and  documents,  before  any  conn   having  jurisdiction  of  the 
offenses  herein  defined,  upon   the  ground  or  for  the 
thai   the   testimon)    or   evidence,   documentary   or  otherwise, 
may  tend  t>>  incriminate  him  or  subject  him  to  a  penalt) 
forfeiture.     But  no  person   shall   he 

t"  any  penalty  or  forfeiture  on  accounl  of  an\  prosecution, 
matter  or  thing  concerning  which  lie  ma\  produce  evidence, 
documentary   or  otherwise,  before  any  court   a-  aid. 

Sec.  245.  Penalty.  Any  person  violating  any  of  tin 
\i~i"iiN  f.f  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  tine  in  any  sum  i i <  > t  exceeding  fifty  dollai 
by  imprisonment  in  the  city  jail  for  a  period  not  longer  than 
thirty  days.  The  court  may,  in  imposing  a  fine,  enter  a-  part 
of  the  judgment,  that  in  default  of  the  payment  of  the  fine 
the  defendant  may  he  imprisoned  in  the  city  jail  for  a  peril  id 
not  exceeding  thirty  da 


458 


CHAPTER  VIII. 
BUILDING  ORDINANCE. 

INSPECTOR  OF  BUILDINGS.     APPOINTMENT.  COM- 
PENSATION.    BOND.     ASSISTANTS. 

Section  246.  Creation  of  office.  There  is  hereby  created 
within  and  for  Salt  Lake  City,  the  office  of  inspector  of 
buildings. 

Sec.  247.  Appointment.  The  board  of  commissioners 
of  Salt  Lake  City  shall  appoint  an  inspector  of  buildings. 

Sec.  248.  Compensation.  The  inspector  of  buildings 
shall  receive  a  salary  of  fifteen  hundred  ($1500.00)  dollars  per 
annum,  payable  monthly,  as  are  the  salaries  of  other  city 
officials. 

Sec.  249.  Bond.  The  inspector  of  buildings  shall,  before 
entering  upon  the  duties  of  his  office,  take  and  subscribe 
the  constitutional  oath  of  office,  and  shall  execute  a  bond 
to  the  city  in  the  sum  of  two  thousand  ($2,000.00)  dollars, 
conditioned  as  provided  by  law. 

Sec.  250.  Assistants.  The  board  of  commissioners  shall 
appoint  such  assistants  as  may  be  necessary  and  proper  for 
enforcing  the  provisions  of  this  ordinance. 


Sec.  251.  Department  of  streets.  The  inspector  of  build- 
ings, and  his  qualified  assistants,  shall  be  included  in  the 
department  of  streets  and  public  improvements,  under  the 
general  direction  of  the  commissioner  of  streets  and  public 
improvements. 


DUTIES  (  IF   INSPECT)  IR   <  »!■    BUI1  I  M  s 

Sec.  252.     The   inspector  of   buildings   shall   be   chai 
wnli   tin-  surve)    and   inspection   of  buildings,  and    with   the 
enforcement  of  all  provisions  of  this  ordinance  and  ;ill  other 
laws   and   ordinances   relating   to   the   erection,   construction, 
alterations,   repairs,  removal   and   safety   of  buildings,   struc- 
tures, walls,  elevators,  fire  escapes      He  shall  pass  up. mi  all 
questions  relating  to  the  strength  and  durability  of  buildii 
structures,    walls   and    materials;    examine    and    approve    all 
plans   and   specifications   therefor,   before   a   permit   shall 
issued,  and  sign  and  issue  all  permits,  certificates  and  notices 
required  to  be  issued.     He  shall  promptly  acknowledge  the 
receipt  of  all  official  communications,  notices  and  reports. 

[NSPEi    ["OR   TO    PASS  UPON   ALL   Ql  >NS    RE- 

1   \TI\h  TO  BUILDING  OR  STRUCTURES  NOT 
PROVIDED  FOR  IN  THIS  ORDINANl 

Sec.   253.      Any   building   or    structure    thai    is    nol 
ered    especially    by    this   ordinance,    but    which   shal 
the    support,    habitation    or    shelter    of    persons,    animals 
chattels,   and   in   any    manner  contribute   to  danger  "r   safety 
to  life  or   property   in   any   form,   and   all    such    structure 
whatever  nature  <>r  materials,  forms  <>v  dimensions,   shall   he- 
passed   upon   by   the   inspector  "t   buildings   who   shall   have 
the  power  i"  make  them  conform  t"  the  true  intent  of  public 
safety. 

DANGER*  lUS  i  >R   UNSAFE   BUILDINi 
UNOCCUPIED  BUILDINGS. 

Sec.     254.       Dangerous     or     unsafe     buildings.       When- 
ever,   in    the    judgment    of    the    insp  i    buildin 
building,    structure    or    wall,    or    any    part    then  any 
appurtenance-    i >r    fixtures    then                 any    wall,    chin.- 
smokestack,                     >ven,    furnace.    ■  >r    t:                                     vith 


460 

such  building  or  premises,  shall,  from  any  cause  whatever, 
be  in  a  condition  to  be  dangerous  to  persons  or  property, 
or  when  any  wooden  building  within  the  fire  limits  shall, 
in  the  judgment  of  the  said  inspector  of  buildings  and  the 
chief  of  the  fire  department,  be  damaged  by  fire  or  decay, 
or  by  both  fire  and  decay,  to  the  extent  of  forty  (40)  per 
cent  of  its  original  value  when  new,  cost  to  be  estimated 
above  the  line  of  sidewalk  in  front  of  said  building,  the 
inspector  of  buildings  shall  immediately  give  notice  in  writ- 
ing to  the  owner  or  owners  of  such  premises,  or  to  his, 
her  or  their  agent,  or  to  the  person  having  control  thereof, 
if  the  owner  cannot  be  found,  to  remove  or  repair  the  same 
forthwith  ;  and  the  person  receiving  such  notice  shall,  within 
five  (5)  days  after  receiving  the  same  comply  therewith. 

Sec.  255.  Unoccupied  buildings.  Whenever  any  unoccu- 
pied building  is  not  properly  secured  or  enclosed,  the 
inspector  of  buildings,  chief  of  police,  or  the  chief  of  the  fire 
department,  shall  immediately  notify  the  owner  or  owners, 
agent  or  agents,  or  the  person  having  the  control  of  same,  of 
the  condition  of  such  unoccupied  building,  and  to  have  it 
properly  secured  within  24  hours  after  such  notice  is  served. 

FIRE   LIMITS. 

Sec.  256.  The  following  are  hereby  established  as  the 
fire  limits  of  Salt   Lake  City,  to  wit  : 

District  No.  1.  Commencing  at  the  northwest  corner 
of  Third  East  and  Fourth  South  streets ;  thence  running 
west  along  the  north  side  of  Fourth  South  street  to  the  east 
side  of  Second  West  street;  thence  north  along  the  east 
side  of  Second  West  street  to  the  south  side  of  North  Temple 
street;  thence  east  along  the  south  side  of  North  Temple 
street  to  the  west  side  of  State  street ;  thence  south  along 
the  west  side  of  State  street  to  .the  south  side  of  South 
Temple    street:    thence   east   along   the    south    side   of   South 


Temple  streel  to  the  west  side  of  Third   East   street;  th 
south  along  the  west   side  of  Third   Easl   street   to  the  p 
n!  he-mum-,  t he  said  districl   No.   1.  including  all  of  bio 
41'  to  60,  both   inclusive,  all   of  blocks  67  to  78,  and  al 
blocks  85  to  88,  both  inclusive,  all  in  plat  "A." 

District  No.  2.  Commencing  at  the  southwesl  corner 
of  Third  East  and  Fourth  South  streets;  thence  running 
west    along   the    south   side   of    Fourth    South   streel    to   the 

west  side  of  Second   West   street:   tlieuee  north  along   the 

side     of     Second      West     street      to     the     SOUth     side     of     North 

pie  street;  thence  west  along  the  south  side  of  North 
Temple  street  to  a  point  165  feet  west  of  the  west  side  of 
Fifth  West  street;  thence  south  along  a  line  li 
of  Fifth  West  street  to  the  north  side  of  Fifth  South 
thence  east  along  the  north  side  of  Fifth  South  street  to 
the  west  side  of  Third  Easl  street;  thence  north  along  the 
west  side  of  Third  Easl  streel  to  the  place  beginning,  said 
District    No.   -'.    including    blocks   37    to    18,   both    inch: 

61   to  66,  both   inclusive,   and   blocks   7"  both 

inclusive,  all  in  plat  "A,"  and  the  east  165  feel  of  blocks 
25,  36,  37,  48,  4''  and  60  in  plat  "C";  provided,  that  repairs 
or  additions  to  residence-  or  dwelling  house-  in  district 
No.  2  may  he  of  the  -ante  material  as  that  in  the  existing 
structures  and  the  sai<l  residences  or  dwelling  houses  may 
he  maintained   with  shingle  ro 

BUILDINGS   PERMITTED   IX   FIRE   LIMITS. 

Sec.  257.     It    shall   be  unlawful  I   or  build,  i 

alter,   repair,   enlarge   or   build   upon  as   herein 

vided,  within   the  fire  limits,  any   frame  or  wooden  building, 

epl    that    sheds    to    facilitate    th<  n    of    author 

buildings,  coal    sheds  ni  ling   ten  et   in   In 

and  one  hundred  ind  pri\ 

thin  16  i   feel  in  area  and  ten 

ind  all  such  sheds  and  |>ri\ie-  shall 
structun 


so 


462 

PERMITS— FEES. 

Sec.  258.  Permits.  No  work  except  minor  repairs  shall 
be  done  upon  any  structure,  building  or  shed  in  the  City  of 
Salt  Lake  without  a  permit  from  the  inspector  of  buildings. 

Sec.  259.  Application.  The  permit  may  be  applied  for 
and  obtained  by  the  owner  or  lessee  direct  or  acting  through 
an   architect,   engineer,   contractor  or  other  agent. 

The  application  shall  state  the  location  of  the  proposed 
building  or  structure.  It  shall  give  the  name  and  residence 
address  of  the  actual  owner  or  owners  of  the  land  and  of 
the  building  or  structure,  the  name  and  residence  address 
of  lessee  or  lessees,  if  any,  and  the  name  and  address  of 
the  architect,  engineer  or  designer  of  the  building  or 
structure. 

The  application  shall  be  made  upon  blanks  furnished 
by  the  inspector  of  buildings  and  shall  conform  to  the 
requirements  as  indicated  on  the  blanks  so  furnished. 

The  application  shall  be  filed  in  duplicate  and  be  ac- 
companied by  two  complete  sets  of  plans  and  specifications 
which  shall  clearly  show  all  parts  of  the  construction, 
including  a  plan  of  each  floor  of  a  new  building.  One  of 
said  set  of  plans  shall  be  on  cloth. 

If  said  application,  plans  and  specifications  are  approved, 
such  approval  shall  be  endorsed  on  each  thereof  in  writing 
by  the  inspector  of  buildings,  and  one  of  said  applications, 
together  with  the  set  of  plans  on  cloth  and  one  set  of 
specifications,  all  with  such  approval  endorsed  thereon,  shall 
be  securely  bound  together  and  delivered  to  the  party  obtain- 
ing the  permit  who  must  keep  such  application,  plans  and 
specifications  on  the  premises  where  such  construction  is 
being  conducted,  open  for  inspection  at  all  times  during  such 
construction,  until  final  inspection  is  made.  The  owner  shall 
be  responsible  for  the  plans  being  kept  on  the  building. 

The  other  application,  set  of  plans  and  set  of  specifica- 
tions   after    being    approved    and    having    such    approval    en- 


dorsed    thereon    in    writing    \>\    said    inspector   of   buildii 
shall  be  indexed  and  kept  on  Eile  by  the  ins  if  build- 

ings in  such  a  manner  as  to  be  readil)  inspected  b)  the 
public,  ami  the  erection,  construction  or  alteration  ol  said 
building,  structure  or  any  pan  thereof  when  proceeded  with 
shall  be  constructed  in  accordance  with  such  ;q «j >i  • 
applications,  plans  and  specifications,  and  anj  modifications 
made  in  plans  and  specifications  shall  be  subject  to  further 
approval;  such  modifications  shall  be  made  to  appear  in  the 
same  form  and  date  of  such  further  approval,  shall 
endorsed  on  both  the  set  of  plans  and  specifications  and 
be  noted  on  the  applications,  filed  in  the  office  of  the 
inspector  of  buildings,  and  kept  "ii  the  premises  where  such 
construction  is  being  conducted. 

When  the  estimated  cost  of  erecting,  altering  or  repair- 
ing any  building  or  structure,  does  not  exceed  one  thousand 
iSl(KX).OO)  dollars,  the  person  proposing  to  make  such  im- 
provements shall  File  with  the  inspector  of  buildings  in 
lieu  of  tlu-  plans  and  specifications  hereinbefore  provided 
.1  statement  in  writing  setting  forth  what  repairs,  all 
tions  or  improvements  are  contemplated,  an. I  describing 
the  general  character,  nature  and   extent   ot'  the  same. 

Sec.   260.      Issuance   of   permits.      Upon    the    filing   of   an 
application     in    accordance    with     the     requirements    of    this 
section,    the    inspector    of    buildings    -hall    ascertain     whether 
such  plan-  and  specifications  embody  all  requirements  appli- 
cable by  law  and  ordinance  in  such  case,  and  if  the  require- 
ments lie   met.  shall   issue  a   building  permit    to  tl  .ml. 
after    plan-    for    plumbing,    sewage,    lighting,    ventilation    and 
other  sanitary   feature-  have  Keen   approved   by  the  board   of 
health,  giving  him  permission  to  erect  or  alter  the  huildii 
structure   at   the   place   and   in   accordance   with   -aid   ap 
applications,  plan-  and  specifications.     Within  the  -ewer 
tricts    no    permit    shall    l>e    issued    unless    the    building 
structure  can   he  he  connected   with   t! 

Such    permit    and    the    approved    application    plan-    and 
specifications  must  he  exhibited  to  any  autli 


464 

tative  of  either  the  police,  fire  or  health  department  or  the 
inspector  of  buildings  or  other  authorized  person  making  a 
demand  therefor. 

The  permit  for  the  erection,  alteration  or  repair  of  any 
building  must  be  kept  on  the  premises  where  the  erection, 
alteration  or  repair  of  such  building  is  being  conducted. 

The  inspector  of  buildings  may  grant  permit  for  the 
erection  of  any  part  of  the  building,  or  any  part  of  a 
structure,  where  plans,  specifications  and  detailed  statements 
have  been  presented  for  the  same  before  the  entire  specifi- 
cations, plans  and  detailed  statements  of  said  building  or 
structure  have  been  submitted. 

Any  permit  which  may  be  issued  by  said  inspector 
of  buildings  pursuant  to  the  provisions  of  this  ordinance, 
but  under  which  no  work  is  commenced  within  six  (6) 
months  from  the  time  of  issuance,  shall  expire  by  limita- 
tion, but  may,  in  the  inspector's  discretion,  be  renewed 
without  further  charge. 

Sec.  261.  Inspection.  It  shall  be  duty  of  the  inspector 
of  buildings  to  make  or  cause  to  be  made  a  final  inspection 
and  examination  of  all  buildings  before  same  are  occupied. 

Sec.  262.  Non-liability  of  city  for  damages.  Every  appli- 
cation for  a  building  permit  shall  contain  an  agreement  to 
save  the  citv  and  its  officials  harmless  from  all  costs  and 
damages  which  may  accrue  from  use  or  occupancy  of  the 
sidewalk,  street  or  sub-sidewalk  space. 

Sec.  263.  Fees.  The  applicant  or  applicants  for  a  build- 
ing permit  shall  pay  to  the  inspector  of  buildings,  for 
expenses  of  inspection  and  examination  of  the  building, 
plans  and  specifications,  the  sum  of  two  ($2)  dollars  for 
each  one  thousand  ($100000)  dollars  or  fraction  thereof  of 
the  estimated  cost  thereof  up  to  five  thousand  fSoOOO.OO) 
dollars,  one  ($1)  dollar,  per  one  thousand  i  $1000.00)  dollars 
or    fraction    thereof    of    estimated    cost    above    five    thousand 


465 

ollars  up  to  fifty   thousand    ($50,000.00)   dol  i 
and   fortj    ($.40)   cents  pei    one  thousan  dollars, 

of  estimated  cost   above   fifty   thousand 
except   that   where  the  estimated  cost   is  less  than  one  hun- 
dred  ($100.00)   dollars,   there   shall   be  no  charge   for  permit 
or  inspection. 

1 1'  it   should  appear  to  the  inspei  buildings,  during 

the   erection   of   an)    building    for   which   a   permit    1 
issued,   that   the  cost    thereof   exceeds   the  amounl    stated   in 
the  original  application,  he  -hall  have  the  right  to 
the   cost   of   such    building,   and    require    the   paymenl    of   an 
additional    fe<  that    the   total    fee    shall    conform    to   the 

entire  cost   of  said  building  and   to  sub-division    (a)   of  this 
section. 

The   fee  to  be  paid   for  a   permit   t"  remove  a  building 
shall   be  one   ($1)   dollar  it'  the   building   covers   twet 
(2500)   hundred  square  feet  or  less  in  area,  and   tin 
cents  for  every  additional  twenty-fivi  •      hundred  square 

feel   in  area  or  part   thereof. 

The  fee  to  be  paid  for  a  permit  to  erect  signs  shall 
be  at  the  rate  of  fifteen  ($.15)  cent-  for  every  squat 
of  aria  of  such  sign  projecting  over  the  sidewalk.  Each 
such  permit  shall  state  the  number  and  si 
mitted  thereby,  and  the  streel  and  number  of  the  premises 
wherein  they  are  to  be  placed.  Each  permit  so  issued  shall 
contain    the    following:     "This    permit    is    revocable    at    the 

-lire  of   the   hoard    of   Ci  immissiom 

'The  tee  to  be  paid  for  a  permit  to  erect  bill  boards 
shall    he    at    the    rate    of    on. 

lineal     feet     thereof,    and     each     -itch     permit     shall     -tat.-     the 
length  of  the  hill   hoard-   permitted   thereby,   thi  and 

number  of  the  premises  whereon  they  art  and 

their  distance  from  the  line  of  thi 

Sec.  264.  Cellarway  or  area.  Permit  and  bond  re- 
quired for  construction.  Waiver.  Agreement  to  indemnify. 
New  bond.  etc.     It  -hall  he  unlawful  for  any  person,  firm 


466 

corporation  to  excavate  under  any  sidewalk  at  any  street 
intersection  between  the  property  line  and  the  curb  line, 
and   no  permit  shall   be  issued    for  any   such   excavation. 

It  shall  be  unlawful  for  any  person  to  erect  or  con- 
struct any  stairway  or  passage  leading  from  any  street, 
avenue,  or  alley,  into  the  basement  or  cellar  of  any  building 
within  the  limits  of  Salt  Lake  City,  and  thereby  occupy  any 
portion  of  the  street,  alley  or  sidewalk,  or  to  excavate  or 
construct  any  area  or  vault  under  any  sidewalk  or  any 
portion  of  the  public  streets,  avenues  or  alleys  of  Salt  Lake 
City,  unless  the  party  so  constructing  the  same  shall  have 
procured  a  permit  so  to  do  from  the  board  of  commis- 
sioners, and  shall  have  given  a  bond  in  an  amount  fixed 
by  the  board  of  commissioners  in  a  sum  not  less  than  five 
thousand  i!?5,000.00)  dollars  nor  more  than  ten  thousand 
($10,000.00)  dollars,  which  bund  shall  be  approved  by  the 
board  of  commissioners.  Such  bond  shall  run  to  Salt  Lake 
City,  and  to  any  person  injured,  and  shall  be  conditioned  for 
the  payment  of  all  damages  that  may  lie  adjudged  against 
him  hi-  them,  or  against  said  city  on  account  of  any  injury 
which  may  happen  to  any  person  or  property  by  reason  of 
such  stairway,  passage,  area  or  vault,  or  by  reason  of  the 
unsafe  or  dangerous  condition  of  the  same,  or  of  any  cover- 
ing, grating  or  railing  being  over  i  >r  about  the  same.  And 
in  no  case  shall  excavations  be  made  nearer  the  curb  than 
four  feet.  Nor  shall  any  stairway  or  passage  leading  into 
such  area  or  vault  be  more  than  four  feet  wide,  measured 
from  the  property  line. 

Xo  permit  shall  be  issued  for  any  of  the  purposes  men- 
tioned in  this  section  unless  the  applicant  for  such  permit 
shall  be  the  owner  of  the  abutting  property,  or  the  lessee 
thereof  ;and  if  such  owner  shall  in  consideration  of  grant- 
ing such  permit,  in  writing  waive  in  the  name  of  such  appli- 
cant, his,  her,  their  or  its,  heirs,  executors,  administrators, 
assigns  or  successors,  all  claims  for  damages  of  every  name 
or  nature  that  may  occur  or  accrue  to  the  building  abutting 
on   such   excavation,  or  to  the  contents  of  said   building  by 


467 

n  of  water  from  the  sewer,  curl)  or  water  pipe  along 
the  street,  and  in  said  writing  shall  agree  to  indemnify 
Salt  Lake  Cit)  againsl  all  damages  and  claims  foi  damages 
done  to  the  propert)  of  any  tenant  of  said  building,  or 
other  person  or  property,  by  reason  of  water  from  the 
sewer,  curb  or  water  pipe  along  the  street,  resulting  in 
whole  or  in  part  l>y  reason  of  such  excavation,  winch  waiver 
shall  be  duly  acknowledged  according  to  law.  [f  such  appli- 
cant be  the  lessee  of  the  abutting  property,  in  consideration 
of  granting  such  permit,  he.  she,  they  or  it  shall  execute 
a  bond  in  an  amount  fixed  by  the  board  of  commissioners  of 

not  less  than  five  thousand     S.;J»» dollar-,  nor  more  than 

ten  thousand  i $10,000.00)  dollars,  which  -hall  be  approved  by 
the  board  of  commissioners,  Such  bond  shall  run  to  Salt 
Lake  City  and  to  any  person  injured,  and  shall  be  condi- 
tioned for  tin-  payment  of  all  damages  thai  may  he  ad- 
judged against  the  principal  in  said  bond,  or  against  said 
city  on  account  of  all  claims  for  damages  of  ever)  n; 
and  nature  that  may  occur  or  accrue  to  the  building  abut 
tin;,'  on  -uch  excavation,  or  to  the  content-  of  -aid  building 
by  reason  of  water  from  the  sewer,  curb  or  water  pipe  along 
the  street,  and  against  all  damages  and  claim-  for  damages 
done  to  the  property  of  any  tenant  of  said  building,  or 
other  person  or  property  by  reason  of  water  from  the  -ewer, 
curl)  or  water  pipe  along  the  street  resulting  in  whole  or -in 
part  l>v  reason  ■•(  such  excavation. 

If  at    any   time   after   the   approval   of   any   of   the   bonds 
mentioned  in  thi  n,  the  ownership  of  or  leasehold   in 

the  property  therein  mentioned  -hall  be  changed,  the  prin- 
cipal and  sureties  in  -aid  bond  may  have  the  -ante  can- 
celed and  discharged  upon  obtaining  the  approval  of  the 
board  of  commissioners  of  a  bond  by  the  new  owner  or 
lessee  of  the  premises,  which  bond  shall  be  for  the  same 
amount  and  shall  contain  all  of  the  conditions,  liabilities  and 
provisions  contained  in  the  bond  sought  to  have  canceled 
and  discharged;  provided,  that  before  any  such  new-  bond  is 
accepted    by    the   board    of    conn  rs,    the    owner    of    the 


468 

abutting  premises  shall,  in  writing,  and  in  consideration  of 
the  accepting  of  said  new  bond,  execute  the  waiver  and 
agreement  to  indemnify  Salt  Lake  City  as  hereinbefore  pro- 
vided ;  and  that  before  any  such  new  bond  shall  be  ac- 
cepted by  the  board  of  commissioners,  the  new  lessee  of  the 
abutting  premises  shall  execute  a  new  bond  in  considera- 
tion of  the  accepting  of  said  new  bond  containing  the  con- 
ditions, obligations  and  agreements  to  be  contained  in  the 
bond  herein  provided  to  be  executed  by  a  lessee  upon  the 
granting  of   the  permit    herein    mentioned. 

Provided  further,  that  by  reason  of  this  grant  the  prop- 
erty owner  or  lessee  does  not  acquire  any  title  to  land  so 
excavated  beyond  the  original  property  line. 

The  bond  mentioned  in  this  section,  and  any  bond  given 
in  renewal  or  place  thereof,  as  herein  provided,  shall  ex- 
pire at  the  end  of  five  years  from  their  date;  provided,  the 
principal  and  sureties  therein  shall  at  the  end  of  any  five- 
year  period  after  the  approval  of  the  bond  herein  mentioned 
obtain  the  approval  of  the  board  of  commissioners  of  a 
new  bond  for  the  same  amount,  containing  the  same  con- 
ditions, liabilities  and  provisions  as  said  first  bond;  other- 
wise the  bond  provided  for  in  this  section,  or  any  bond 
subsequently  given,  shall  continue  in  full  force  and  effect. 

Sec.  265.  Permit  to  occupy  street  with  building  mate- 
rial. Bond.  It  shall  be  unlawful  for  any  person  to  occupy 
or  use  any  portion  of  a  public  street  for  the  erection  or 
repair  of  any  building  upon  land  abutting  thereon,  without 
first  making  application  to  and  receiving  from  the  board  of 
commissioners,  a  permit  fur  the  occupation  or  use.  for  build- 
ing purposes,  of  such  portidns  of  streets,  and  fur  such 
periods  of  time  and  under  such  limitations  and  restrictions 
as  may  be  required  by  ordinance  or  by  the  public  conveni- 
ence; provided,  that  no  permit  shall  be  granted  to  occupy 
more  than  fifteen  feel  from  the  curl)  line,  and  any  such 
permit  may  be  revoked  by  the  board  of  commissioners,  at 
any  time,  when   the  holder  thereof  fails  to  comply  with  any 


rule   or   regulation   under   which   it   i-  granted,   or   when,   in 
the  opinion  of  the  board  of  commissioners,  the  public  gi 

lires  such   revocation.     No  such  permit   shall   be  granted 
until  the  applicant   therefor  shall   have  given   a   bond   in   the 

sum  of  $5<kkuX).  to  In-  approved  by  the  board  of  commis 
sioners.  Such  bond  shall  run  to  Salt  Lake  Cit)  and  to  any 
person  injured  by  reason  of  the  failure  of  the  principal 
therein  to  comply  with  the  provisions  of  this  section  and  the 
ordinances  of  this  city.  Xo  part  of  a  street  other  than 
that  so  allotted  shall  be  used  for  depositing  materials  for 
work  to  be  done  or  for  receiving  rubbish  arising  from  such 
work,  and  all  such  rubbish  shall  be  carried  away  by  the 
person  to  whom  the  permit  i-  granted,  and  at  such  times 
a-  the  hoard  of  commissioners  or  the  supervisor  of  streets 
may  direct,  and  in  case  of  the  neglect  or  refusal  of  such 
persons  so  to  remove  such  rubbish,  it  shall  be  removed,  at 
xpense,  by  the  supervisor  of  -tree!-. 

Sec.  266.  Fence  and  walk  around  street  used  for  build- 
ing purposes.  Removal.  It  shall  be  unlawful  for  any  person 
to  occup)  anj  portion  of  any  street  while  erecting  or  rep 
ing  a  building,  or  making  an  excavation,  or  for  anj  other 
purpose,  even  with  the  permit  provided  for  in  the  I 
ceding  section,  utiles-;  he  shall  first  build  around  the  portion 
of  the  street  to  be  occupied  a  tight  board  fence,  at  least 
six  feet  high,  surrounded  by  a  good  substantial  hoard  walk, 
at  least  six  feet  in  width.  Said  fence  shall  he  made  of  clean 
lumber,  dressed  on  the  side  facing  the  street,  and  at  no  time 
-hall  said  fence  have  thereon  any  painted,  printed  or  Other 
advertisements.  All  openings  in  said  fence  must  he  provided 
with   gates  opening   inward. 

Sec.  267.     Bridging,  etc.     When   any  building  of  two  or 
more  stories  in  height  is  being  erected   within  the  fire  limits 
of  this  city,  and  -hall  have  reached  the  top  ,>\   the  fil 
thereof,  or  when  any  such  building  i<  being  repaired  above 
the  first  storv  thereof,  then  any  fence  or  sidewalk  occupying 


470 

the  street  or  sidewalk  in  front  of  said  building  shall  be  at 
once  removed,  and  the  sidewalk  abutting  said  building:  at 
once  restored  to  the  use  of  pedestrians,  and  said  last  named 
sidewalk  bridged  or  covered  at  a  height  of  not  less  than 
nine  feet  above  the  line  of  said  sidewalk,  and  ten  feet  wide, 
with  lumber  or  timber  of  sufficient  strength  to  protect  pedes- 
trians from  injury  by  falling  materials,  tools  or  appliances, 
and  to  the  approval  of  the  building  inspector.  Any  person 
so  occupying  any  portion  of  any  street  shall  be  responsible  to 
the  city  for  all  injuries  sustained  by  any  person  in  conse- 
quence of  any  failure  to  strictly  comply  with  the  provisions 
of   this   section. 

Sec.  268.  Painting,  etc.  It  shall  also  be  unlawful  for  any 
person  to  place  upon  any  building,  fence  or  other  structure, 
such  building,  fence  or  other  structure  being  within  two  feet 
of  any  sidewalk  in  this  city,  any  paint  or  other  substance, 
without  first  erecting  and  maintaining  above  such  sidewalk, 
or  between  the  same  and  such  building,  fence  or  cither  struc- 
ture, as  the  case  may  be,  a  barrier  sufficient  to  protect 
pedestrians  from  such  paint  or  other  substance  falling  upon 
them,  or  from  coming  in  contact  with  such  paint  or  other 
substance. 

Sec.  269.  Restoration,  etc.  It  shall  be  unlawful  to  place 
or  pile,  or  to  cause  or  permit  to  be  placed  or  piled,  any  sand, 
gravel,  lime,  cement,  mortar,  plaster,  concrete,  or  any  other 
Ike  substance  or  mixture,  or  to  allow  the  same  to  remain  on 
any  portion  of  any  paved  street  or  sidewalk  in  Salt  Lake  City  ; 
or  to  make  or  mix,  or  to  cause  or  permit  to  be  made  or  mixed, 
any  mortar,  plaster,  concrete,  or  any  other  like  substance 
or  mixture  on  any  portion  of  any  paved  street  or  sidewalk 
in  Salt  Lake  City;  provided,  that  in  cases  where  work  is 
being  done  on  buildings  or  pavements,  the  board  of  commis- 
sioners may  grant  the  person  or  contractor  doing  such  work, 
permission  to  mix  cement,  concrete  or  building  material 
in  tight  boxes,  or  on  tightly  joined  boards,  on  such  pave- 
ments or  walk--  under  such  restrictions  as  the  board  may 
deem  proper. 


471 

DEMOLITION    OF   BUILDING. 

Sec.  270.  When  a  building  or  structure  is  to  be  de- 
molished it  shall  be  done  in  a  manner  which  is  approved 
by  and  satisfactory  to  the  inspector  of  buildings.  Said 
owner  or  lessee  shall  in  all  cases  notify  the  inspector  of 
buildings  when  said  building  is  ready  [or  inspection,  ami 
obtain   a   permit. 

DEFINITIONS. 

Sec.  271.  For  the  purpose  of  this  ordinance  the  following 
definitions  of   words  and  terms  shall   govern: 

"ALLEY."  Any  public  thoroughfare  in  the  rear  of  a 
lot    which   fronts  on  a  public  street. 

"ALTERATION."  A  change  in  or  addition  to  a 
building. 

"MINOR  ALTERATION."  \  slight  alteration  not 
affecting  the  structural  part-,  arrangements  or  occupancy 
of  a  building,  and  costing  less  than  one  hundred  iSl(X).OO) 
dollars. 

"APARTMENT  HOUSE."     (See  Tenemenl   House.) 

"APPENDAGES."     Dormer   windows,  cornices,  mould- 
ings,   bay    <>r    oriel    windows,    balconies,    cupolas,    do    • 
towers,    spires,    ventilators,    or    any     other    accessory     pro 
jecting    fn>m    a    building. 

"A  I  M  Any    unfinished    -pace    immediatelj     below 

the    roof   of   a    building.   <>r   an    upper    room    having   a    height 
of    less    than    eight    feet. 

"BASEMENT."  That  portion  of  a  building,  not  more 
than    one-half    of    the    height    of    which    is    below    the    level 


472 

of  the  street  grade  or  ground  nearest  the  building,  and 
if  its  ceiling  is  five  feet  or  more  above  the  above  named 
level  it  shall  be  counted  as  a  story  in  designating  the  height 
or  number  of  stories  of  any   building. 

"BAY  WINDOW."  Any  window  projecting  outward 
from  the  wall  of  a  building. 

"BUILDING."  Any  structure  built  for  the  support, 
shelter,  or  enclosure  of  persons,  animals  or  chattels;  and 
when  separated  by  division  walls,  each  portion  so  separated, 
shall  be  deemed  a  separate  building.     (See  walls.) 

"CELLAR."  That  portion  of  a  building,  one-half  or 
more  of  the  height  of  which  is  below  the  level  of  the 
street  grade  or  ground  nearest  the  building.  A  cellar 
shall  not  be  included  in  designating  the  height  or  number 
of  stories  of  any  building.     (See  basement  and  story.) 

"COLUMN."  Isolated  supports  of  wood,  stone,  iron, 
steel  or  reinforced  concrete,  carrying  beams,  girders,  lintels, 
trusses  or  masonry. 

"COURT."  An  open,  unoccupied  space  on  the  same 
lot  with  a  building,  other  than  a  yard,  (a)  An  "Enclosed 
Court"  is  a  court  surrounded  on  all  sides  by  walls  of  the 
building  in  which  it  is  located,  (b)  A  "Side  Court"  is  a 
court  having  one  side  or  end  open  on  the  side  line  of  the 
building.  (c)  An  "Outer  Court"  is  a  court  extending  to 
a  street,  alley  or  yard. 

"CURTAIN    WALL."      (See    walls.) 
"DIVISION  WALL."     (See  walls.) 

"DWELLING-"  A  building  intended  or  designed  for, 
or    used    as    the    home    or   residence    of    not    more    than    two 


473 

separate  and  distinct  families  or  households,  and  in  which 
not  more  than  five  rooms  shall  be  used  for  the  accommoda- 
tion of  boarders  or  lodgers,  and  no  pan  of  which  structure 
is  used  as  a  store  or  for  any  business  purpose.  Tw 
more  such  dwellings  may  be  connected  "ii  each  story  when 
used  for  boarding  or  lodging  purposes,  provided  the  halls 
and   stairs  thereof  are  kepi    open    for  us,-   as   such. 

"FILLER    WALL."     (See    walls.) 

"FIRE  LIMITS."  Unless  otherwise  specified  ^hall 
unhide  District  No.  1  and  District  No.  2,  as  established 
herein. 

"FIRE-PROOF."      Not    only    non-inflammable,   hut    fire 
isting  and  non-heat  conducting. 

"FIRE    WALL."      (See   walls.) 

"FLATS."  A  building  of  two  or  more  stories  con- 
taining separate  self-contained  dwellings,  each  dwelling  hav- 
ing an  independent  entrance  on  tile  level  of  the  street  or 
from  an  outside  vestibule  on  the  level  of  the  first  floor. 

"FOOTINCiS."      The    spreading    course    or    courses,    a) 
the  base  or  foundation  of  a  masonrj    wall  or  pier. 

"FOUNDATION."  That  part  of  a  building  or  wall 
which    is   below   the   surface   of   the   ground. 

"FRAME   OR   WOODEN    BUILDING."     A    frann 
wooden   building  or  a   building  or  structure   whose   extet 

walls,  or  a  portion  thereof,  are  constructed  of  wood.     Wooden 
frames,  or   franv  "den  buildings   covered   with   metal. 

plaster,  tile  or  terra   cotta,  or   veneered   with   masonry   shall 
be   deemed    to   be   frame  or   wooden   buildings   or    structures. 


474 

GARAGES. 

"GARAGE."  A  building,  or  any  portion  thereof,  in 
which  an  automobile  is  kept  for  any  purpose  other  than 
display. 

"PUBLIC  GARAGE."  A  building  where  automobiles 
are  kept  and  stored  by  the  public,  where  automobiles  are 
rented  to  and  hired  by  the  public,  where  a  charge  is  made 
for  the  use  of  or  lor  the  storage  or  keeping  of  automobiles. 

"PRIVATE  GARAGE."  A  building  where  one  or  more 
automobiles  are  kept  and  stored  for  private  use  only  and 
in  it  rented  or  hired  out  to  the  public  or  any  charge  made  for 
storage. 

"GIRDER."  Any  horizontal  structural  piece  which 
supports  floor  beams  or  joists,  or  carry  walls  over  openings. 

"GRADE."  The  established  sidewalk  level  at  the  build- 
ing line  of  any  street,  or  if  the  building  be  not  built  on 
the  building  line  of  the  street,  the  exposed  surface  of  the 
earth  adjoining  any  wall. 

HALLS. 

"COMMON  HALL."  A  hall,  corridor  or  passageway 
not  within  an  apartment  and  used  in  common  by  all  the 
i  iccupants  c  if  a  building. 

"STAIR  HALL."  The  stairs,  stair  landing  and  those 
portions  of  the  common  halls  used  in  going  from  the  entrance 
floor  to  the  top   story. 

"HEIGHT  OF  BUILDING."  The  vertical  distance  be- 
tween the  highest  part  of  the  roof  and  the  highest  point 
of  grade. 


475 

"HOSPITAL    t  ik    S  Wl  rARIUM."      \    building 
for  the  care  of  invalids,  sick  and  infirm  persons,  having  ac- 
commodations  for  more  than  fifteen  such  persons. 

"LINTELS."  \  small  beam  or  girder  placed  over  an 
opening  with  the  ends  resting  directly  on  the  masonry. 

LOADS. 

"DEAD   LOAD."     The  weight  of  the  walls,  floors,  etc.. 
building,  including  all   permanent  construction. 

"LIVE    LOAD."     All   weights  in  a  building  other  than 
■  lead    loads.     Such    loads    shall    include    temporarj    consti 
tion,  furniture  and  people. 

LOTS. 

"i  (PEN  L(  I  1."  \  lot  bounded  on  all  sides  bj  inter- 
secting streets  or  alley  lines. 

"CORNER  LOT."  A  lot  bounded  on  two  or  three 
sides  by  intersecting  street  or  alley  lines. 

"THROUGH  LOT."  A  lot  running  through  and  front- 
ing "ti  two  street  lines,  or  on  one  street  line  and  one  alley 
line,  and  the  remaining  sides  bounded  by  lot   lines 

"IN  I  ERL  >R  U  »T."  A  lot  fronting  on  but  one  street 
line,  or  one  alley  line,  the  remaining  sides  being  bounded 
by  l"t  tin 

"LOT  LINE."  The  established  boundary  line  between 
private  property  or  between  private  property  and  any  public 
highway. 

"MANSARD  ROOF."  A  roof  formed  with  an  upper 
and  lower  Sel  of  rafter-.,  the  upper  set  more  inclined  to  the 
horizon    than   the   lower  set. 


476 

"MASONRY."  Brick,  stone,  concrete  or  reinforced 
concrete  construction. 

"MEASUREMENTS."  "Height  of  wall"  shall  not  in- 
clude the  distance  from  the  top  of  the  roof  beams  to  the  top 
of   the   parapet    wall. 

"Height  of  building."  The  vertical  distance  between 
the  highest  point  of  the  roof  and  the  average  level  of  the 
ground  adjoining  the  building. 

"Length    of    building."     Its    greatest    horizontal    dimen- 


sion. 


'Width    of   building."     Its    next    greatest    horizontal    di- 


mension. 

"OFFICE  BUILDING."  A  building,  the  whole  or 
larger  part  of  which  is  used  or  intended  to  be. used  for  office 
purposes,  and  used  for  living  purposes,  only  by  the  janitor 
or  his  family. 

"PARAPET  WALL."     (See  walls.) 

"PASSAGEWAY."  A  covered  passage  extending  from 
the  street  or  alley  to  a  court  or  a  yard,  or  from  one  court 
to  another  court  or  to  a  yard. 

"PENTHOUSE.  A  superstructure  erected  on  a  roof 
and  covering  not  more  than  15  per  centum  of  the  area  of 
the  roof,  and  used  for  the  enclosure  of  stairway,  elevator 
machinery  or  water  tank. 

"PIERS."  Isolated  masses  of  masonry,  forming  sup- 
ports for  arches,  columns,  girders,  lintels,  trusses  and  for 
similar  structural  parts. 

"POST."    A  timber  set  on  end. 

"REINFORCED  CONCRETE  CONSTRUCTION." 
An    approved    concrete    mixture   reinforced    by    steel    or    iron 


477 

uv  shape,  and  so  combined  that  the  metal  will  take  up 
the  tensional   strain  and  assisl   in   the  resistance  to  shear. 

"REPAIRS."  The  reconstruction,  renewal  or  removal 
any  part  of  an  existing  building  for  the  purpose  of  its 
maintenance  in  its  presenl  class  of  construction  and  grade 
of  occupancy,  and  l>y  which  its  fire  risk,  strength  or  sanita- 
tion is  not   affected  nor  modified. 

"Minor  repairs."  fnsignificanl  repairs  nol  affecting  the 
structural  parts  of  the  building,  and  costing  less  than  oni 
hundred   ($100.00)   dollars. 

"RETAINING  WALL."     (See  walls.) 
"SANITARIUM."     (Sec  hospital.) 

"SHAFT."      \nv  enclosed   vertical   opening,  other   than 
a  court,  extending  through  or  1>\   a  stor)   and  a  floor  01   i 
whether   for   light,   air.   elevator,   dumbwaiter,   or   any    other 
purpose.       \ny   shaft    not    used    for   elevator   purposes   where 
least  dimension  exceed-  eight    (8)   feel   shall  be 

sidered  a  court.    ■ 

"SHED."  A  roofed  structure  open  on  tlirce  (3)  sides 
and  resting  on  the  ground. 

"SKELETON  BUILDING."  A  building,  the  walls, 
floors  and  other  part-  of  which  are  supported  upon  and 
carried  by  a  metal  or  reinforced  concrete  framework, 

"STORE    BUILDING."      \   building  used   wholly  or  in 

part   for  the  exhibition  of  g Is,   ware-  or   merchandise   for 

sale. 

"ST<  iRY."  'The  perpendicular  distance  from  the  top  of 
the  finished  floor  in  one  story  to  the  underside  of  the  ceil- 

31 


478 

ing,  floor  joists  or  rafters  in  the  same  story,   which  vertical 
distance  shall  not  be  less  than  seven  and  a  half  (7^4)  feet. 

"TENEMENT  HOUSE."  A  building,  or  any  portion 
thereof,  which  is  occupied  by  three  or  more  families  living 
independently  of  each  other,  doing  their  cooking  within  the 
apartment  or  upon  the  premises,  but  having  a  common  right 
to  the  halls,  stairway  and  yards.  "An  apartment,"  a  room 
or  suite  of  two  or  more  rooms  in  a  tenement  house  occu- 
pied or  suitable  for  occupation  as  a  residence  for  one  family 
doing  its  cooking  in  the  apartment  or  on  the  premises.  One 
person  may  be  construed  to  be  a  family.  "Existing  tene- 
ment house."  Any  building  erected  as  such  or  converted 
or  altered  for  such  use  or  so  used  before  the  passage  of 
this  ordinance;  or  any  building  intended  or  suitable  for 
such  use,  but  not  completed,  for  which  the  excavation  shall 
have  been  commenced  in  good  faith  prior  to  the  passage 
of  this  ordinance. 

"TERRA  COTTA." 

1.  "Terra  cotta."  The  hand-moulded,  baked  clay  ma- 
terial used  for  architectural  decoration  and  construction. 

2.  "Hard  terra  cotta  fire-proofing."  All  clay  fire- 
proofing  material  that  is  manufactured  without   sawdust. 

3.  "Semi-porous  terra  cotta  fire-proofing."  All  clay 
fireproof  material  having  fifty  per  centum  of  sawdust  meas- 
ured by  volume,  mixed  with  fifty  per  centum   of  clay. 

"THEATRE."  A  building  which  contains  seats  for  the 
public,  to  which  an  admission  fee  is  charged  and  having  a 
permanent  stage  upon  which  scenery  and  other  movable 
appliances  are  used. 

"THICKNESS  OF  WALLS."     (See   walls.) 

"VENEER."  An  outer  facing  of  masonry,  tile  or  metal, 
placed  in  or  attached  to  a  wall  of  any  building  for  decora- 


479 

tion   or   protection,   but    shall    not    be    counted    as   adding   to 
the  strength  or  thickness  of  the  wall. 

WALLS. 

"BEARING  WALL."  Any  masonry  wall  carrying  all 
or  part  of  the  load  "t  a  building. 

"CURTAIN  MR  FILLER  WALL."  An  exterior  ma- 
sonry wall  built  between  piers,  iron,  steel  or  reinforced 
concrete  columns  and  carried  on  steel  or  reinforced  concrete 
girders,  or  -elf-supporting  only. 

"DIVISION  WALL."  Any  interior  masonry  wall,  di- 
viding a  building  and  extending  from  cellar  or  basement 
floor  to  and  through  the  roof,  and  such  walls  shall  be  con- 
structed as  required  for  party  walls.  Such  walls  may  be 
bearing  walls  or  self-supporting  only. 

"EXTERIOR    WALL."     Every    outer    wall    or    vei 
enclosure  of  a  building,   and   may   be   a   party   wall. 

"FIRE  WALL."  Any  masonry  wall  built  for  the  pur- 
pose  of  tire  resistance,  and  also  means  that  portion  of  a 
masonry  exterior,  party  or  division  wall  rising  above  a  roof 
surface. 

"PARAPET   WALL."     A   masonry  wall  along  the  edge 
ml  rising  above  a  roof. 

"PARTITION  WALL."  Any  interior  wall,  other  than 
a  division  wall. 

•[•ARTY  WALL."  A  masonry  wall  used  or  built  to 
be  used  for  the  common  separation  '>r  Mipp<>rt  of  adjoining 
buildings. 


480 

"RETAINING  WALL."  Any  wall  constructed  to  re- 
sist the  thrusts  of  earth,   water  or  other  substances. 

"THICKNESS  OF  WALLS."  The  minimum  thickness 
of  such  wall  measuring  between  any  two  floors  or  between 
a  floor  and  a  ceiling  or  roof. 

"WARFHOl'SF."  A  building  used  exclusively  for  the 
storage  of  merchandise. 

"YARD."  An  open,  unoccupied  space  on  the  same  lot 
with  the  tenement  house  for  the  full  width  of  the  lot  be- 
tween the  rear  line  of  the  house  and  the  rear  line  of  the  lot, 
and  which  has  at  least  one  side  or  end  abutting  on  street 
or  alley. 

CLASSIFICATION.      DESCRIPTION,      LIMITING      DI- 
MENSIONS   AND    RESTRICTIONS    AS   TO 
USE    OF    BUILDINGS. 

Sec.  272.  Fur  the  purpose  of  this  ordinance,  build- 
ings are  divided  into  "Class  A".  "Class  B",  "Class  C",  "Mill 
Construction"   and   "Frame   or   Wooden    Buildings." 

CLASS   "A"    BUILDINGS. 

Sec.  273.  Cla>>  "A"  buildings  arc  defined  as  those 
having  fireproofed  frames  of  steel  and  with  all  structural 
parts  of  incombustible  material.  Walls  shall  be  of  brick, 
stone,  concrete  or  reinforced  concrete. 

Class  "A"  buildings  with  all  wall  loads  above  the  third 
floor  carried  on  the  steel  frame  shall  not  be  limited  as  to 
height. 

Class  "A"  buildings  with  self-supporting  curtain  or 
bearing  walls  on  the  exterior  shall  be  limited  in  height  to 
86  feet. 

Class  "A"  buildings  may  be  built  anywhere  in  the  city. 


481 
(,'l.ASS   "B"    BUILDINl  IS 

Sec.  274.  Class  "B"  buildings  are  defined  as  those 
having  a  frame  of  reinforced  concrete  carrying  all  wall  and 
floor  loads.  All  structural  parts  shall  be  of  incombustible 
material.  Walls  shall  be  of  brick,  stone  or  reinforced  i  in 
crete.  The  maximum  limit  of  heighl  of  Class  "B"  buildings 
shall  be  102  feet,  and  they  may  be  built  anywhere  in  the 
city. 

CLASS  "C"   BUILDINGS. 

Sec.  275.  Class  "C"  buildings  are  defined  as  those 
haying  exterior  walls  of  brick,  stone  or  concrete  and  an 
interior  frame  of  combustible  material.  The  walls  may 
he  hearing  or  curtain  walls,  and  the  interior  supports  may 
he  timber  joints,  timber  or  steel  girders,  and  timber,  steel 
or  cast  iron  columns  or  timber  studding. 

I  lass  "C"  buildings  built  with  the  interior  of  mill  con- 
struction or  with  all  joist-,  girders,  studding,  furring  and 
soffits  of  stairs  lathed  with  metal  lath  and  plastered,  ma) 
be  built  to  a  height  n-  >t   t<>  exceed  eighty-four  (84)   feet. 

Clas>  "C"  buildings,  with  all  joists,  girders,  studding, 
furring  and  soffits  of  stairs  lathed  with  wooden  lath  and  plas- 
tered, < >r  not  lathed  and  plastered,  may  be  built  to  a  height 
ii"!    t"   exceed   fifty-five    1 55)    feet. 

Gas-  "<  "  buildings  may  be  built  anywhere  in  the  city. 

MILL   a  (NSTRUCTK  >\. 

Sec.   276.      Buildings   of   •'Mill    Construction"   shall    have 
rior,  party  or  division  walls  of  masonry,  and   floors  and 

roofs  of  heavy  w 1.     All   posts,   girders,   beams   and   other 

timbers  used  in  construction  shall  be  at  least  eight  (8) 
inches  in  either  cross  dimension.  Such  buildings  -hall  be 
constructed  without  concealed  air  space-  and  in  detail  as 
in   this  ordinance  hereinafter  mentioned. 


482 

This  method  of  construction  may  be  used  for  the  inte- 
rior of  Class  "C"  buildings,  may  be  built  to  a  height  of 
eighty-four   (84)   feet,  and  anywhere  in  the  city. 

FRAME   OR  WOODEN   BUILDINGS. 

Sec.  277.  Frame  or  wooden  buildings  may  be  con- 
structed to  a  height  not  exceeding  forty  (40)  feet,  and  may 
be  built  anywhere  in  the  city  except  within  the  fire  limits, 
and  shall  contain  not  more  than  three  (3)  stories  and  base- 
ment within  the  said  forty   (40)   feet. 

In  the  case  of  a  frame  or  wooden  building  on  a  lot 
with  the  grade  sloping  downward  from  the  facade  at  which 
the  measurement  is  taken,  the  height  of  the  building  at  any 
point  of  the  grade  shall  not  exceed  fifty  (50)  feet  above 
the  adjoining  curb  in  case  of  corner  lots,  or  above  the 
natural  level  of  the  ground  in  case  of  inside  lots. 

GENERAL    HEIGHT    LIMITATION. 

Sec.  278.  The  heights  of  buildings  shall  not  exceed 
the  heights  given  under  the  different  classes,  except  that 
stair  and  elevator  houses,  water  tanks,  towers  and  spires 
may  exceed  the  limits. 

Towers  and  spires  of  Class  "C"  or  frame  buildings  may 
extend  one  hundred  (100)  feet  above  the  roof,  but  no  such 
tower  or  spire  shall  occupy  more  than  one-quarter  of  the 
street  frontage  of  the  building,  nor  shall  it  have  a  base 
area  exceeding  1,000  square  feet.  Such  towers  and  spires 
shall  not  be  used  as  a  dwelling,  place  of  manufacture  nor 
storage  room,  and  shall  be  covered  with  fireproof  materials. 

GENERAL    LIMITATIONS    OF   AREA. 

Sec.  279.  No  restriction  is  placed  on  the  floor  area  of 
buildings  of  Class  "A"  and  Class  "B"  construction. 

In  buildings  of  Class  "C",  mill  and  frame  construction, 
wherever  built,  no  single  floor  area  between  exterior,  divi- 
sion or  party  walls  shall  exceed  ten  thousand  (10,000)  square 


483 

feet,  excepl  that  in  buildings  of  Class  "C"  construction,  nol 
exceeding  one  story  in  height  and  used  for  warehouse  pur- 
poses only,  a  -in.;1,  floor  area  between  exterior  division  or 
party  walls  may  he  built  with  an  area  of  nineteen  thousand 
i  19,000)    square    feet;    provided,  .    in    east-    the    \ 

going  described  buildings  are  completely  equipped  with  a 
system  .if  automatic  sprinklers,  tin-  said  area  may  be  in- 
creased 50  per  centum. 

No  wall  or  pan  of  wall  in  any  existing  building,  or  in 
any  building  hereafter  erected,  shall  he  removed  to  pro- 
duce a  larger  area  than  those  named  above. 

GENER  \1.   RESTRK  Tit  INS    \S  TO  USE. 

Sec.  280.  Theatres  in  any  part  of  the  city  shall  he 
I  lass  "  \"  ci  instruction. 

Schools,  hospitals,  sanitariums  and  halls  and  other 
places  of  public  assemblages,  seating  more  than  1 .000  per- 
SOns,  other  than  theatres,  built  in  any  part  of  the  city,  shall 
he  "!  Class  "A"  or  Class  "B"'  construction,  with  columns 
in  miter   walls  supporting   floor  and  roof  load--. 

Department  buill  anywhere  in  the  city  and  used 

for  the  storage  and   -ale  of  merchandise,  shall   he  of  either 

-  "A",  Class  "B"  or  (lass  "i  "  construction,  and  shall 
be  limited  t"  the  heights  prescribed  for  said  types  of  con- 
struction: provided,  however,  that  no  building  of  this  character 
shall   he  constructed   to   a   greater   height    than    102   feet. 

"STABLES."      Ml    buildings   used    for   stabling   animals 
e  the  first  >.r  ground   floor  or  iu  basement,  -hall   he  of 

-  "A"  "r  Class  "1'."  construction. 

MATERIALS,    LOADS,     ALLOWED    STRESSES    AND 
GENERAL  PROVISIONS  FOR  CONSTRUCTION. 


1 1 R  i  l 


Sec.  281.  The  brick  used  in  all  buildings  shall  be 
good.  hard,  well-burnt  brick,  or  some  approved  form  of  hard 
sandlime  or  cement  brick. 


484 

All  materials  must  be  of  good  quality. 

When  old  bricks  are  used  in  any  wall  they  shall  be 
thoroughly  cleaned  before  being  used,  and  shall  be  whole 
and   good,   hard,   well-burnt   bricks. 

SAND. 

Sec.  282.  The  sand  used  for  mortar  in  all  buildings 
shall  be  clean,  grit  sand,  free  from  loam  or  dirt. 

GRAVEL. 

Sec.  283.  Gravel  shall  be  composed  of  clean  pebbles 
or  hard,  homogeneous  rock,  of  graded  sizes  and  free  from 
dirt  or  other  foreign   matter. 

LIME  MORTAR. 

Sec.  284.  Lime  mortar  shall  be  made  of  one  part 
lime  and  not  more  than  five  (5)  parts  of  sand,  measured 
dry.  All  lime  used  for  mortar  shall  be  thoroughly  burnt, 
of  good  quality,  and  properly  slacked  before  it  is  mixed  with 
the  sand.  Such  mortar  must  be  mixed  at  least  five  (5) 
days    before    using. 

PORTLAND  CEMENT. 

Sec.  285.  This  term  is  applied  to  the  finely  pulver- 
ized product  resulting  from  the  calcination  to  incipient 
fusion  of  an  intimate  mixture  of  properly  proportioned 
argillaceous  and  calcareous  materials,  and  to  which  no  addi- 
tion greater  than  3  per  cent,  has  been  made  subsequent  to 
calcination. 

The  specific  gravity  of  the  cement,  ignited  at  a  low 
red  heat,  shall  not  be  less  than  3.10.  and  the  cement  shall 
not  show  a  loss  on  ignition  of  more  than  4  per  cent. 

It  shall  leave  by  weight  a  residue  of  not  more  than 
8  per  cent  on  the  No.  100.  and  not  more  than  2?  per  cent 
on  the  No.  200  sieve. 


485 

It  shall  not  develop  initial  set  in  less  than  thirty  min- 
utes, and  musl  develop  hard  set  in  not  less  than  an  hour, 
nor  mi  »re  than  ten  hours. 

The    minimum     requirements    for    tensile    strength 
briquettes   one    inch   square    in    section    shall   be   within    the 
Following  limits,  and  shall  show  no  retrogression  in  strength 
within  the  periods  specified: 

Neat  Cement. 

Age.  Strength. 

24  hours  in  moist   air \7?  lbs. 

7  days  (1  day  in  moist  air,  6  days  in  water) ...  .500  " 
28  days  il  day  in  moist  air,  27  days  in  water). ..  .600  " 
One  Part  Cement,  Three  Parts  Standard  Sand. 
7  days  (1  day  in  moist  air,  6  days  in  water) .... 200  lbs. 
28   da\  -   i  1  day  in  moist  air,  27  da\  S  in   w  atcr  I .  .  .  .27?   " 

CEMENT   M<  >RTAR. 

Sec.  286.  Cement  mortar  shall  be  made  of  cemenl 
and   sand   in   the  proportion  of  one  part   of  cement   and   not 

more    than    three   parts   of   sand,   and    shall    he    used    before   the 
initial   set   has   taken   place.      The   cement    and    -and   are    to   be 
trecl  and  thoroughly  mixed  before  adding  water. 

CEMENT   AND    LIME    MORTARS. 

Sec.  287.  Cement  and  lime  mortar,  mixed,  shall  be 
made  of  one   ill   part  cement  to  not  more  than  -i\   (6)   parts 

■  if  lime  mortar,  measured  in  a  box. 

i'i  'WKKIT 

Sec.  288.  Concrete  shall  be  made  of  Portland  cement. 
sharp,  clean  -and  and  broken  stone,  broken  brick,  terra 
cotta,  cinders  or  gravel.  Concrete  made  with  broken  stone 
shall    be    termed    rock    concrete.      Iv>ek  for    founda- 

tion- shall  be  composed  of  not   less  than  one  part    Porl 


486 

cement,  three  parts  sand  and  five  parts  broken  stone  of  main 
dimensions  not  more  than  two  inches.  Rock  concrete  for 
floors,  backing  of  ashlar,  fireproofing  and  reinforced  walls 
shall  be  composed  of  not  less  than  one  part  Portland  cement, 
two  parts  sand  and  four  parts  broken  stone  of  major 
dimensions  not  exceeding  one  inch.  Gravel  of  graded  size 
may  be  used  in  place  of  broken  stone  in  all  rock  concrete. 

Concrete  made  of  broken  brick,  terra  cotta  or  cinders 
shall  be  mixed  in  the  proportion  of  not  less  than  one  part 
of  Portland  cement,  two  parts  of  sand  and  four  parts  of 
broken  brick,  terra  cotta  or  cinders,  as  the  case  may  be. 
Such  concrete  shall  only  be  used  for  floors,  floor  slabs  and 
fireproofing.  All  concrete  shall  be  mixed  by  hand  and  shall 
be  turned  not  less  than  twice  dry  and  twice  wet  or  may 
be  mixed  by  machine. 

REINFORCED  CONCRETE. 

Sec.  289.  Reinforced  concrete  shall  be  as  described 
under  "Reinforced  concrete"  in  Class  "B"  buildings. 

BRICK  MASONRY. 

Sec.  290.  All  brick  masonry  shall  be  of  brick  laid  in 
cement  mortar,  lime  mortar,  or  lime  and  cement  mortar. 

All  bricks  shall  be  well  wet  before  laid  and  shall  have 
close  joints  filled  with  mortar. 

In  all  brick  walls  at  least  every  sixth  course  shall  be 
a  heading  course. 

The  thickness  of  brick  walls  shall  be  specified  under 
the  different  classes  of  buildings. 

In  no  case  shall  any  wall  or  walls  of  any  building  be 
carried  up  more  than  five  (5)  feet  in  advance  of  any  other 
walls  unless  proper  provisions  for  suitable  anchors  and  ties 
are  made.  The  front,  rear,  side  and  party  walls  shall  be 
properly  bonded  together,  or  they  shall  be  anchored  to  each 


487 

other,   every   six    (6)    feet    in    their   height   by    wrought-iron 

tie  anchors  not  less  than  one  and  one-half  (l'_)  by  th 
eighths  (fs)  of  an  inch  in  size,  and  not  less  than  thirty-eight 
(38)  inches  in  length.  The  side  anchors  shall  be  built  into 
the  side  of  party  walls  not  less  than  sixteen  (16)  inches, 
and  into  the  front  and  rear  walls,  so  as  to  secure  front  and 
rear  walls  to  the  side  or  party  wall,  when  not  built  and 
bonded  together. 

All  exterior  piers  shall  be  anchored  to  the  beams  or 
girders  on  the  level  of  each  tier. 

The  walls  and  beams  of  every  building,  during  the 
erection  or  alteration  thereof,  shall  be  stoutly  braced  from 
the  beams  of  each  story,  and  when  required  shall  also  be 
braced  from  the  outside,  until  the  building  is  enclosed. 

The  walls  and  the  piers  of  all  buildings  shall  be  properly 
and  solidly  bonded  together  with  close  joints  filled  with 
mortar.  They  shall  be  built  to  a  line  and  carried  up  plumb 
and  straight.  The  walls  of  each  story  shall  be  built  up  the 
full  thickness  to  the  top  of  the  beams  above.  All  walls 
shall  be  built  solid  throughout   excepl    for  flues. 

WALLS  AND  PIERS 

Sec.  291.  In  all  walls  of  the  thickness  specified  in 
this  ordinance  the  same  amount  of  material  may  he  used 
in  piers  and  buttresses.  Said  piers  and  buttresses  shall  nol 
be  more  than  twenty  (20)  feet  on  centers,  and  walls  be- 
tween said  buttresses  -hall  nol  1"  less  than  thirteen 
inches  thick. 

BRICK  PIERS. 

Sec.  292.  The  total  load  on  such  brick  piers  shall 
not  exceed  s<.\  «.n  tons  per  square  foot  if  laid  in  lime  mor- 
tar.  ten  tons  per  square  foot  if  laid  in  lime  and  cement  mor- 
tar, and  fifteen  tons  per  square  i<>oi  if  laid  in  cement 
mortar.     The  area  of  cross  section   shall   be  net   and   no  | 


488 

carrying   a    load    shall    have    an    unsupported    length    greater 
than  ten  times  its  least  horizontal  dimension. 

ASHLAR  FACING. 

Sec.  293.  Stone  used  for  the  facing  of  any  building 
and  known  as  ashlar  shall  not  be  less  than  four  (4)  inches 
in  thickness. 

Stone  ashlar  shall  be  anchored  to  the  backing,  which 
shall  be  of  such  thickness  as  to  make  the  walls,  exclusive 
of  the  ashlar,  conform  in  thickness  with  the  requirements 
of  this  ordinance;  provided,  that  if  the  ashlar  be  at  least 
eight  (8)  inches  thick,  and  bonded  into  the  backing,  it  mav 
be  counted  as  part  of  the  thickness  of  the  wall. 

All  ashlar  stone,  unless  bonded,  shall  be  strongly  and 
securely  anchored  to  the  wall  with  iron  anchors  laid  into  the 
stone  at  least  one  (1)  inch. 

Iron  ashlar  plates  used  in  imitation  of  stone  ashlar  on 
the  face  of  a  wall  shall  be  backed  with  the  same  thickness 
of  masonry  as  for  stone  ashlar. 

The  backing  of  all  stone  ashlar  shall  be  laid  with 
cement  mortar  or  cement  and  lime  mortar  mixed,  but  the 
back  of  the  ashlar  may  lie  pargeted  with  lime  mortar  to 
prevent  discoloration  of  the  stone. 

FACING. 

Sec.  294.  In  walls  laid  with  facing  bricks  of  different 
thicknesses  than  the  main  part  of  the  wall,  the  thickness 
of  wall  provided  shall  be  exclusive  of  such  facing  bricks, 
unless  the  facing  be  bonded  into  the  wall,  with  header 
courses  of  facing  bricks  at  least  every  eighth  course. 

INCREASED   THICKNESS    OF   WALLS    FOR    BUILD- 
INGS OF  GREAT  DEPTH. 

Sec.  295.  Where  any  building  without  a  cross-wall 
or  buttress  exceeds  a  depth  of  one  hundred  and  thirty-seven 


489 

and  one-half   (137  .1   feet,  the  >i«K-  or  bearing  walls  thereof 
shall  be  increased  in  thickness  Four  1  1)   inches  more  than  is 
cribed   in   this  ordinance   for  the   thickness  of   walls,   for 
each   lix>  feet  or  fraction  thereof  of  such  excess  depth. 

REDU<   ED  THICKNESS   FOP    INTERIOR   WALLS. 

Sec.  296.  Where  interior  cross-walls  are  used  they 
may  be  made  four  (4)  inches  less  in  thickness  than  exterior 
walls,  provided  they  are  self-supporting  only. 

WALLS  l'l'<  »X  STEEL  SUPPORTS. 

Sec.    297.      Walls    of    streel    fronts    or    courts    may    be 
carried   on   steel   columns   and   girders   and   they   shall   b( 
the  thickness  required  at  the  story  at  which  they  commi 

[NCKKASIXi;   IIHICIIT  OF  WALLS. 

Sec.  298.  When  it  1-  desired  to  increase  the  heighl 
of  existing  walls  of  the  thickness  required  bj  this  ordinance 
the  weight  of  the  additional  walls  shall  be  carried  on  a 
frame  of  steel  or  reinforced  concrete  girders  and  columns, 
securely  anchored  to  the  existing  wall  and  extending  to 
independent  foundation.  Lining  of  walls  to  support  addi- 
tional loads  i-  hereby  prohibited. 

WALLS  OF  BUILDINGS  MOT  l\  COURSE  OF 
CONSTRUCTK  »N. 

Sec.  299.  \ny  building,  the  erection  of  which  was 
commenced  in  accordance  with  the  -pecifications  and  plans 
submitted  to  and  approved  by  the  inspector  O  buildings 
prior  to  the  '  of  this  ordinance,  if  prop  nstructed 

and  in  safe  condition,  may  he  completed,  or  1  mil t  upon,  in 
accordance  with  the  requirements  of  the  law  a-  to  thick- 
ness of  walls,  in  force  at  the  time  such  specifications  and 
plans  wore  approved. 


490 

EXISTING  PARTY  WALLS. 

Sec.  300.  Walls  heretofore  built  for  or  used  as  party 
walls,  whose  thickness  at  the  time  of  their  erection  was 
in  accordance  with  the  requirements  of  the  then  existing 
laws,  but  which  are  not  in  accordance  with  the  require- 
ments of  this  ordinance,  may  be  used,  if  in  good  condition 
for  the  ordinary  uses  of  party  walls,  provided  the  height 
of  the  same  be  not  increased. 

PARAPET  OR  FIRE  WALLS. 

Sec.  301.  All  exterior,  division  or  party  walls  shall 
have  parapet  walls  of  thickness  not  less  than  that  of  the 
wall  of  the  story  next  below,  carried  not  less  than  three  (3) 
feet  above  the  roof,  and  coped  with  stone,  terra  cotta,  cast 
iron  or  cement. 

When  one  (1)  parapet  wall  of  a  building  rises  above 
an  adjoining  wall  of  said  building  the  same  shall  be  braced 
by  a  buttressed  return  (of  the  thickness  required  for  the 
parapet  walls)  the  length  of  which,  at  an  angle  of  45  de- 
grees from  its  top,  shall  equal  the  difference  in  height  of  the 
two  walls. 

Walls  facing  on  streets  not  less  than  forty  (40)  feet 
in  width,  where  the  continuous  pitch  of  the  roof  (from  its 
ridge  to  the  crown  mould  of  a  cornice  projecting  not  less 
than  eighteen  (18)  inches  is  not  less  than  twenty  (20) 
degrees,   are   exempt   from   the   requirements   of   this   section 

Such  walls  may  be  stepped  to  follow  slope  of  roof. 

Parapet  or  fire  walls  over  four  (4)  feet  in  height  shall 
have  a  3  inch  by  3  inch  continuous  steel  angle  built  into 
the  wall  not  less  than  one  (1)  foot  from  the  top  of  wall. 
There  shall  be  connected  to  this  angle  at  intervals  of  not 
less  than  twelve  (12)  feet,  j^-inch  rods  or  other  approved 
anchors  extending  back  and  down  to  the  roof  and  fastened 
thereto. 


PLAIN  CONCRETE  WALLS. 

Sec.  302.  Walls  built  of  concrete  without  reinforce- 
ment shall  be  of  the  same  thickness  and  under  the  same 
ci  mditions  as  brick  walls. 

REINFORCED  CONCRETE  WALLS  AND  PIERS. 

Sec.  303.  Reinforced  concrete  walls  and  piers  shall 
be  constructed  in  accordance  with  sections  of  this  ordi- 
nance relating  to  Class  "B"  buildings. 

RECESSES.  CHASES  AND  FLUES   IX   WALLS. 

Sec.  304.  In  buildings  that  do  ri.it  exceed  four  (4) 
si.>ries  in  height  above  ground-floor  level,  recesses  for  stair- 
ami  elevators  may  be  allowed  in  the  walls,  provided 
they  are  not  more  than  8  feet  0  inches  in  width  of  recess, 
ami  in  the  same  wall,  do  not  occur  nearer  than  30  feet  0 
inches  on  centers. 

The  wall  forming  the  back  of  such  recess  must  be  at 
least     13    inches    in    thickness    for    its    entire    distance    from 

ment  floor  to  top  of  wall,  a  total  of  five  (5)  stories. 

For  buildings  of  more  than  four  stories  in  height,  the 
wall  forming  the  back  of  the  recess  may  be  13  inches  in 
thickness  for  the  upper  five  (5)  storir-  hut  must  be  at  least 
17  inches  in  thickness  for  any  further  lower  stories  and  for 
the  basement. 

The  usual  bond-iron  shall  be  carried  through  backing 
wall  of  recess  of  each  story  level,  and  securely  anchored 
at  ends,  or  to  the  adjoining  bond-iron. 

A  chase  for  water  or  other  pipes  shall  not  be  made  in 
.ins  pier.  Unless  said  pier  i-  at  least  four  i4)  inches  more  in 
thickno-*  than  i^  required  for  its  kind  and  height  of  build- 
ing, and   in   a   wall   the  chase   for  such   pipe-   shall   not    exceed 


492 

one-third  (J/i)  the  thickness  of  such  wall,  nor  have  less 
than  eight  (8)  inches  of  wall  at  back  of  chase.  The  chases 
around  such  pipe  or  pipes  shall  be  filled  with  incombustible 
material  for  a  distance  of  one  ( 1 )  foot  at  top  and  bottom 
of  each  story. 

No  horizontal  chase  for  pipes  shall  exceed  seven  (7) 
feet  in  length,  and  such  chase  shall,  after  pipes  are  in  place, 
be  filled  solid  with  concrete,  or  brick  and  cement  mortar. 
There  shall  be  a  space  of  at  least  two  (2)  feet  between  any 
chase  and  a  flue  and  a  space  of  at  least  four  (4)  feet  between 
any  two  (2)  chases  or  between  a  chase  and  a  recess. 

The  aggregate  area  of  recesses  and  chases  in  any  wall 
shall  not  exceed  one-fourth  of  the  whole  area  of  the  face 
of  the  wall  in  any  story. 

If  any  horizontal  section  through  any  part  of  any  bear- 
ing wall  in  any  building  shows  more  than  thirty  (30)  per 
centum  of  area  of  flues,  chases,  recesses  and  openings  in 
a  length  of  ten  feet,  the  said  wall  shall  be  increased  four  (4) 
inches  for  every  fifteen  (15)  per  centum  or  fraction  thereof 
of  flue  chase,  recess  and  opening  area  in  excess  of  thirty  (30) 
per  centum. 

ARCHES  AND  LINTELS. 

Sec.  305.  Openings  for  doors  and  windows  in  all 
brick,  stone  or  concrete  buildings  shall  have  good  and  suffi- 
cient arches  of  stone,  brick,  concrete  or  terra  cotta,  well 
built  and  keyed,  and  with  good  and  sufficient  abutments ; 
or  the  opening  shall  have  lintels  of  stone,  reinforced  con- 
crete or  steel  of  sufficient  strength,  which  shall  have  a 
bearing  at  each  end  of  not  less  than  five  (5)  inches  on  the 
wall.  The  inside  lintel  may  be  of  cast  iron,  wrought  iron 
or  steel,  and  in  such  case  stone  blocks  or  cast  iron  or  steel 
plates  shall  be  required  at  the  ends  where  the  lintel  rests 
on  the  walls  except  when  the  opening  is  less  than  six  (6) 
feet  in  width.  Cast  iron  lintels  shall  not  be  used  over 
openings  exceeding  eight  (8)  feet  in  width. 


493 

All  masonrj  arches  shall  be  capable  of  sustaining  the 
weight  ami  pressure  which  they  are  designed  to  carry.  He 
rods  shall  be  used  where  necessarj   to  secure  stability. 

PILES. 

Sec.  306.  Timber  or  reinforced  concrete  piles  may  be 
used  for  the  foundation  of  buildings  or  structures. 

Timber  piles  shall  be  at  least  seven  (7)  inches  in  diam- 
eter at  the  small  end  and  shall  be  cut  off  below  standing 
water  line. 

Timber  piles  may  be  capped  with  concrete  at  leasl  12 
inches  thick  or  with  timber  at  leasl  1-  inches  thick  and 
drift  bolted  t"  each  pile,  hut  all  timber  shall  he  below  stand- 
ing water  line.  There  shall  he  a  clear  distance  of  at  least 
one  foot  between  any  part  of  adjacent  piles.  Timber  piles 
driven  to  rock  or  t"  refusal  may  he  loaded  no1  t>>  exceed 
five  hundred  (500)  pounds  per  square  inch  of  middle 
tional  area.  Timber  pile-  driven  in  yielding  material  may  he 
ded  ii"i  i"  exceed  one  and  one-half  tons  per  inch  '>t 
diameter  of  middle  section,  hut  such  piles  -hall  he  over 
twenty  feet  long  and  none  such  shall  he  loaded  i"  exceed 
twenty-five  tons. 

Reinforced  concrete  pile-  may  he  built  in  place  or  driven 
after  building  by  water  jet.  or  by  hammer  if  head  is  pro- 
rom  injuries.  They  -hall  he  built  in  accordance 
with  the  provisions  for  the  construction  of  reinforced 
crete  in  Class  "B"  buildings  as  far  as  -itch  provisions  apply. 
The   rati"   of  len  leasl    cross   sectional    dimensions   at 

the   center   shall    not  d   25.      Reinforced    concrete   piles 

-hall    ti"t    he   loaded   to  exceed   350  pounds   per   square   inch 
i  if  .-.  mcrete  at  middle  sccti*  in 

There  shall  he  a  clear  space  of  at  leasl  "tie  fool  between 
any   part   of  adjacent  piles. 


32 


494 

TIMBER. 

Sec.  307.  All  timber  used  in  construction  of  build- 
ings shall  be  free  from  large,  loose  or  rotten  knots,  wind 
shakes  and  other  defects. 

Table  of  Allowed  Unit   Stresses. 

—  Douglas- 
White      Oregon  Washing- 
Pine.        Yellow         ton  or         Redwood. 
Spruce.         Fir.  Red  FIT. 

Tension  with  grain 700  1.200  1,000  700 

Tension   across  grain 50  Ji  n  i  150  40 

Compression    with    grain 

end    bearing 800  1.600  900  800 

Columns      under      fifteen 

diameters    700  1.000  800  700 

Compression  across  grain  200  300  250  200 
Transverse   extreme   fibre 

stress    700  1,200  800  750 

Modulus  of  elasticity 500.000  700,000  550,000  350,000 

Shearing  with  grain 100  150  125  100 

Shearing  across  grain....  500  750  600  400 

Above  data  is  for  constant  and  permanent  loads.  Where  the 
purpose  of  the  building  does  not  permit  such  loading,  the  working 
strength  must  be  reduced  accordingly.  The  strength  of  any  material 
not  given  here  may  be  determined  from  standard  authorities. 

TIMBER  COLUMNS. 

Timber  columns  of  Oregon  pine  of  a  length  greater  than 
fifteen  diameters  shall  have  an  allowed  stress  per  square 
inch  not  exceeding  that  given  by  the  formula: 

1300 — 20L/D,  where  L  equals  length  and  D  equals  least 
side  or  diameter. 

WROUGHT   IRON. 

Sec.  308.  All  wrought  iron  shall  be  uniform  and 
fibrous.      It   shall   have   an   ultimate   tensile   resistance  of  not 


495 

less   than   48,000  pounds   per   square   inch,   and   clastic   limit 
of    not    less    than    24,000    pounds    per    square    inch,    and    an 
igation  of  20  per  centum  in  eight   inches   when  tested  in 
small   test   pieces. 

STEEL. 

Sec.  309.  Ml  structural  steel  used  in  buildings  shall 
be  free  from  seams,  flaw-,  cracks,  defective  edges  or  other 
defects,  and  shall  have  a  smooth,  uniform   finish. 

All  structural  steel  used  in  beams  and  columns  and  in 
other  large  members  shall  have  an  ultimate  tensile  resist- 
ance of  from  60,000  pounds  to  70,000  pounds  per  square 
inch,  an  elastic  limit  of  not  less  than  one-half  of  its  ultimate 
strength  and  a  percentage  of  elongation  in  eighl  in- 
equal  to  22  per  centum.  Such  steel  shall  also  bend  180 
degrees  to  a  diameter  equal  to  the  thickness  of  the  piece 
tested  without  fracture  on  the  outside  of  the  bent  portion 
when    tested    in   a   test   piece. 

Rivet    steel    shall    have    an    ultimate    resistance    of    irom 

18,000  pounds  to  58,000  pounds  per  square  inch,  an   elastic 

limit  not  less  than  one-half  of  it-   ultimate  strength,  and   a 

percentage   of   elongation    in    eight    inches    equal    to   26   per 

turn. 

I    \ST   STEEL. 

Sec.   310.     t  asl    steel    shall    have   an    ultimate    stre 
of  from  60,000  to  70,000  pounds  per  square  inch,  an  elastic 
limit  equal  r  cent  of  it-  ultimate  resistance,  and  an 

elongation  in  two  inches  of  18  per  centum. 

UNIT    SI  R 

Sec.  311.  I'mi  stresses  allowed  on  steel  members  shall 
ii"t  exceed  the  follow  in 


496 

DIRECT  COMPRESSION. 
(Pounds  per  square  inch.) 

Rolled    steel    16,000 

Cast    steel    16,000 

Wrought    iron    12,000 

Steel    pins,    rivets    (bearing) 20,000 

DIRECT    TENSION. 
(Pounds  per  square  inch.) 

Rolled  steel,  net  section 16,000 

Cast  steel,  net  section 16,000 

Wrought  iron,  net  section 12,000 

DIRECT   SHEAR,   NET   SECTION. 
(Pounds  per  square  inch.) 

Rivets   and   pins    (steel) 10,000 

Field    rivets    (steel) 8,000 

Field   rivets    (iron) 6,000 

Steel  web  plates 9,000 

Wrought   iron   plates 7,000 

EXTREME   FIBRE  STRESS   IN    BENDING. 
(Pounds  per  square  inch.) 

Rolled  beams    16,000 

Riveted'  girders,    net   section   of    flanges 15.000 

STEEL  COLUMNS. 

Sec.  312.  In  steel  columns  the  dead  and  live  load 
stresses  together  shall  not  exceed  in  an}'  case  13,500  pounds 
per  square  inch.  If  the  thickness  of  any  metal  in  the  body 
of  the  columns  is  less  than  5-16  inch,  the  stress  shall  not 
exceed  12,000  pounds  per  square  inch.  When  columns  have 
a  length  greater  than  30  times  the  least  radius  of  gyration 
the  allowed  stress  in  pounds  per  square  inch  shall  not 
exceed   that   given   by   the   formula:      15,000 — 50   L/r,   where 


497 

L  equals  length  in  inches  and  r  equals  least  radius  of  gyra- 
tion   in   inches 

An  increase  of  SO  per  centum  above  the  allowed  dead 
and  live  load  stress  may  be  used  for  wind  stn  i  lolumns 

subjected  to  cross-bending  by  wind  or  eccentric  loading, 
shall  have  additional  area  to  provide  for  the  stresses,  the 
eccentric  loading  being  calculated  as  dead  load  and  the 
wind  provided  for  as  above.  The  area  of  metal  thus  obtained 
for  wind,  cross-bending  and  eccentric  loading  shall  be  added 
to  the  area  provided  for  dead  and  live  load  to  obtain  the 
total  metal  in  columns.  No  column  shall  have  unsup- 
ported a  length  greater  than  120  times  the  least  radius  of 
gj  rati'  m. 

STEEL   PLATE   GIRDERS. 

Sec.  313.  All  plate  girders  shall  he  provided  with 
eners  at  the  points  of  support,  and  under  concentrated 
loads  intermediate  Stiffeners  shall  also  be  used  at  distances 
apart  equal  to  the  depth  of  the  girder,  providing  the  shear- 
ing stresses  "S"  in  pounds  per  square  inch  exceed  that 
given   by   the  following  formula: 

15,000 

S  equals 

d2 

1    plus 

3.000  t2 
where  d   equals  clear  distance   out    to   out   of   flange   ai 
and   t  equals  thickness  of  web  in  inches 

CAST    [RON. 

Sec.  314.  All  cast  iron  castings  shall  be  made  oi  clean. 
tough,  gray  iron.  They  shall  be  free  from  injurious  blow- 
holes, cold-shuts  and  cinder  spots.  Sample  bars  one  inch 
square  cast  in  sand  molds,  in  a  span  of  twelve  inches,  shall 
bear  a  central  load  of  2,400  pounds  with  a  minimum  de- 
flection   of    one-tenth    of    an    inch    before    breaking.      I  "nit 


498 

stresses  on  cast  iron  shall  not  exceed  16,000  pounds  per 
square  inch  in  compression  and  3,000  pounds  per  square 
inch    in    tension. 

CAST   IRON    BASES. 

Sec.  315.  Cast  iron  bases  used  to  distribute  the  loads 
of  columns  upon  the  foundations  shall  be  of  not  less  than 
34-inch  metal.  The  tops  of  bases  shall  be  placed  and  the 
columns  bolted  thereto. 

CAST   IRON   COLUMNS. 

Sec.  316.  Columns  of  cast  iron  shall  be  of  round  or 
rectangular  section,  but  no  columns  shall  be  used  less  than 
five  inches  diameter,  or  of  side  of  rectangle  less  than 
five  inches.  No  cast  iron  column  shall  have  an  unsup- 
ported length  of  more  than  twenty  times  its  least  lateral 
dimensions  or  diameter,  except  when  forming  the  side  of  a 
staircase  or  elevator  enclosure. 

No  cast  iron  column  shall  be  subjected  to  a  greater 
stress  per  square  inch  than 

8000 


L2 
1  plus 


800  d2 
for  round  columns,  where   L  is  length  and  d  is  the  outside 
diameter  in   inches:  and 

8000 


L2 

1  plus 

1067  S2 
for   rectangular   columns,    where    L    is    the    length    and    S    is 
the   least  side  of  the   rectangle   in   inches. 

The  top  and  bottom  flanges,  sets  and  lugs  shall  be  of 
ample  strength,  reinforced  by  fillets  and  brackets;  they  shall 
not  be  less  than  one  inch  in   thickness  when   finished. 


499 

The  interior  space  of  cast   iron  columns  shall   be   in 
case   filled   with   any  material. 

All  columns  shall  be  faced  al  trie  ends  to  a  plane  surface 
at  righl  angles  to  the  axis  of  the  column. 

Where  cast  iron  columns  are  placed  vertically,  one  on 
top  of  another,  the)  shall  be  securely  bolted  together  with  at 
least  four  ■  1  ineli  bolts  at  the  joints,  through  flanges  east 
en  the  columns.  In  such  eases  the  diameter  shall  not  vary 
more  than  two  inches  between  any  two  columns. 

The  metal  oi  tin-  shaft  of  the  lower  column  shall  be 
increased  in  thickness  ai  tin  top  to  give  full  bearing  t"  the 
metal  <<\  the  -haft  of  the  upper  column.  This  shall  be  done 
by  tapering  the  metal  for  at  least  six  inches.  \  joint  plate 
at  least  one  inch  thick  may  he  used  in  place  of  this  taper. 

The  thickness  of  metal  shall  not  he  less  than  one- 
twelfth  of  the  diameter  or  of  the  greatest  lateral  dimension 
of    ci  tion,    l>ut    never    less    than    three-quarters    of    an 

inch. 

Whenever  the  o>rr  ol  a  casl  iron  column  has  shi 
more  than  one-fourth  the  thickness  of  the  -hell,  the  strength 
shall  be  computed  assuming  the  thickness  of  metal  all 
around  equal  to  the  thinnest  part,  and  the  columns  shall  be 
condemned  and  rejected  if  this  computation  shows  the 
strength  t"  he  less  than  required  by  this  code. 

Wherever  blow  holes  Or  imperfections  are  found  m  a 
casl  iron  column  which  reduces  the  area  of  the  cross-sect i<  m 
at  that  point  more  than  ten  per  cent,  such  column  shall  be 
rejected. 

Cast  iron  posts  or  columns  nol  cast  with  one  open  side 
or  hack,  before  being  set  up  in  place,  shall  have  a  th 
eighths  of  an  inch  hole  drilled  in  the  shaft  of  each  posl  or 
column,  by  the  manufacturer  or  contractor  furnishing  the 
same,  to  exhibil  the  thickness  of  the  castings;  and  any 
other  hole  or  holes  of  a  similar  >i/e  which  the  inspector 
of  buildings  may  require,  shall  he  drilled  in  the  said  p 
or  columns  by  the  said  manufacturer  or  contractor,  at  his 
expense. 


500 

LOADS. 

Sec.  317.  The  dead  loads  in  buildings  and  structures 
shall  consist  of  the  actual  weight  of  the  walls,  roofs,  floors, 
partitions  and  all   permanent  construction. 

The  live  or  variable  loads  shall  consist  of  all  loads 
other  than   dead  loads. 

Floors  and  supports  shall  be  designed  to  safely  carry 
not  less  than  the  following  loads  per  square  foot  of  floor 
area  in  addition  to  the  dead  load  : 

Dwellings,  office  floors,  apartment  houses,  tenement 
houses,  hotels,  lodging  houses,  hospitals,  sixty   (60)   pounds. 

School  rooms  and  theatres  with  fixed  desks  and  seats, 
stables  and   carriage  houses,  seventy-five    (75.)    pounds. 

Halls  of  public  assemblages,  without  fixed  seats,  halls 
of  schools,  theatres  and  hospitals,  ordinary  stores  and  floors 
of  light  manufactories,  one  hundred  twenty-five  (125) 
pounds. 

Stores  with  heavy  loads,  libraries,  warehouses,  ordinary 
manufactories,  two  hundred  fifty   (250)   pounds. 

All  sidewalks,  one  hundred  fifty   (150)   pounds. 

The  strength  of  factory  floors  intended  to  carrv  run- 
ning machinery,  and  any  other  building  intended  to  carry 
heavy  or  special  loads,  shall  be  increased  above  the  mini- 
mum given  in  this  section,  as  may  be  required  by  the 
inspector  of  buildings. 

The  roofs  of  all  buildings  having  a  pitch  of  less  than 
t  w  enty  degrees  shall  be  proportioned  to  bear  safely  thirty 
pounds  upon  every  superficial  foot  of  their  surface  in  adddi- 
tion  to  the  weight  of  materials  composing  the  same.  If  the 
pitch  be  more  than  twenty  degrees  the  live  load  shall  be 
assumed  at  twenty  pounds  upon  every  superficial  foot  meas- 
ured upon  a  horizontal  plane. 

All  beams  or  joists  in  the  building  shall  be  propor- 
tioned to  carry  the  full  dead  and  live  load.  In  buildings 
used  for  offices,  dwellings,  apartment  houses,  hotels,  lodg- 
ing houses,  hospitals,  schools,  halls,  and  theatres  all  girders 


501 

shall  be  proportioned  to  carry  the  full  dead  load  and  at 
leas)  eighty  per  cent  of  the  required  live  load,  and  the 
columns  shall  Ik-  proportioned  to  cany  the  full  dead  load 
and  >i\iy  per  cent  of  the  required  live  load. 

In  buildings  used  for  warehouses,  stores,  libraries,  all 
beams,  girders  and  columns  shall  be  designed  t"  carry  the 
full   dead  and   li\  e   load 

rhe  weight  placed  upon  an)  of  the  fl -  oi  an)  build- 
ing shall  be  sai'cU  distributed  thereon.  The  inspector  oi 
buildings  may  require  the  owner  or  occupant  of  any  build- 
ing or  of  any  portion  thereof  i"  redistribute  the  load  on 
any  floor  or  to  lighten  such  load  where  he  deems  n  neces 
so  to  '1".  A  tablet  shall  be  permanently  placed  in  a 
conspicuous  position  on  each  floor  of  each  building  used 
for  commercial  purposes,  giving  the  live  load  per  square 
foot  for  which  the  building  was  designed. 

WEIGHTS  AND   MATERIALS. 

Sec.   318.     The   following   weights   per   cubii  shall 

be  used  in  calculating  the  dead  loads 

Brick  work 125  pounds 

Concrete  rock  or  gravel 145 

Concrete  of  cinders 100 

Steel    490       " 

Cast    iron 15*  > 

Redwood   48       - 

Pine  and  fir 40 

Sandstone    156 

( iranite  and  marble 16: 

Terra    cotta 100       " 

Water    62 

Asphaltum    100      " 

Plastering,  dry 100 

Sand  and  gravel,  dry 100  pounds  :  wet 

The  weight  of  other  materials  shall  be  determined  from 
standard  authorities  or  directly  by  the  inspector  of  build- 
ings from  sampli 


502 

FOUNDATIONS  AND  LOADS  ON  SOILS. 

Sec.  319.  All  foundations  shall  be  calculated  for  the 
lull  column  loads  obtained  by  the  loads  given  in  this  ordi- 
nance. Soils  carrying  foundations  shall  not  be  loaded  more 
than  the  following  number  of  tons  per  square  foot : 

Soft    clay 1 

Sand  and  clay  mixed 2 

Firm  dry  clay 3 

Hard  clay 4 

Loam  or  fine  dry  sand 3 

Compact  sand   4 

Shale   rock 10 

Hard    rock 20 

Coarse   gravel g 

The  inspector  of  buildings  may  make  investigation  of 
special  forms  of  foundation  and  issue  permits  for  such,  if 
approved.  He  may  call  for  a  test  of  soils,  which  must  be 
made  by  the  owner  in  such  manner  as  the  said  inspector 
may  provide. 

UNIT  LOADS  ON  MASONRY. 

Sec.  320.  The  following  unit  loads  per  square  foot 
must  not  be  exceeded  : 

Brick  work,  lime  mortar 7  tuns 

Brick  work,  cement  and  lime  mortar 10     " 

Brick  work,  cement  mortar 15     " 

Concrete   .20     " 

Granite    28     " 

FOUNDATIONS  ON  PILES. 

Sec.  321.  Walls,  columns  and  other  loads  may  rest 
upon  a  foundation  on  piles,  as  provided  in  this  ordinance. 


503 
FOUNDATIONS  I  >X   R  KFTS 

Sec.  322.  Buildings  nol  over  two  stories  in  height 
may  be  founded  on  timbei  rafts  madi  up  of  a1  least  three 
layers  of  four-inch  plank  spiked  together.  Plank  maj 
laid  directly  on  the  soil,  but  all  timber  must  be  below  stand- 
ing water  line.  Other  forms  or  ran  foundations  may  be 
used  ii"  approved  by  the  inspector  of  buildings. 

l<  HJNDATIONS  I  >X   BRICK   W  (  ►RIK. 

Sec.  323.  Walls,  columns  and  other  loads  may  rest 
upon  a  foundation  of  brick  work  built  in  accordance  with 
the  provisions  of  this  ordinance.  The  face-  of  such  founda 
tions  shall  have  a  batter  of  not  less  than  sixty  degrees  from 
a  horizontal  plane,  taken  from  the  ledge  of  column  base 
or  wall. 

FOUNDATIONS  OF  STONE. 

Sec.  324.  Walls,  columns  and  other  loads  may  resl 
upon  a  foundation  of  cut  stone  or  of  rubble,  stone  masonry. 
The  face-  of  such  foundations  shall  have  a  batter  not  less 
than  sixty  degrees  from  a  horizontal  plane  taken  from  the 
ledge  of  column  base  or  wall.  All  stones  used  shall  be  of 
such  size  that  no  stone  shall  have  a  projection  more  than 
one-third  its  length.  Stone  to  be  laid  in  Portland  cement 
mortar. 

FOUNDATIONS  OF  PLAIN  CONCRETE. 

Sec.    325.      Walls,    columns    and    other    loads    ma\     rest 
upon  a  foundation  of  plain  concrete,  in  which  cast-  the   faces 
of   such   foundations   shall   have   a   batter   not    less   than    sixty 
degrees  from  a  horizontal  plane.     Concrete  to  be  in 
ance   with   tin-  provisions  of  this  ordinan 

FOfXDATIOXS  OF  RFTXFORCEn  CONCRETE 

Sec.  326.  Walls,  columns  ami  other  loads  may  rest 
upon  a  foundation  ,,f  reinforced  concrete  consisting  of  slabs. 


504 

or  beams  and  slabs  constructed  in  accordance  with  the  pro- 
visions of  reinforced  concrete  in  Class  "B"  buildings. 

FOUNDATIONS  OF  STEEL  GRILLAGE. 

Sec.  327.  Walls,  columns  and  other  loads  may  rest 
upon  a  foundation  of  steel  beams  and  girders.  There  shall 
be  a  layer  of  concrete  at  least  six  inches  thick  between  any 
part  of  the  steel  and  the  earth. 

BASES  FOR  COLUMNS. 

Sec.  328.  Columns  shall  rest  upon  cast  iron  or  steel 
bases  and  all  columns  shall  have  some  form  of  base  plate 
or  base,  which  may  be  leveled  before  placing  the  column. 
Granite  levelers  not  less  than   12  inches  thick  may  be  used. 

ANCHORING  COLUMNS. 

Sec.  329.  Buildings  where  the  height  exceeds  three 
times  the  least  horizontal  dimension  shall  have  at  least  two 
anchors  of  \l/i  square  inches  section  each,  fastened  to 
column  and  passing  into  the  concrete  to  within  one  foot  of 
soil;  anchor  to.  have  washer  of  size  sufficient  to  develop 
strength  of  anchor.  This  does  not  apply  to  columns  em- 
beded  in  side  retaining  walls. 

SHAPE  OF  FOUNDATIONS. 

Sec.  330.  Foundations  under  columns  shall  be  sym- 
metrical except  under  wall  columns,  where  the  center  line 
of  the  columns  must  lie  within  the  middle  third  of  the 
foundation  section.  In  this  case  the  intensity  of  pressure  on 
soil  at  the  wall  line  must  not  exceed  the  allowed  limit,  due 
consideration  being  taken  of  any  wall  load  in  addition  to 
the  column  load. 


505 
COMBINED  FOUNDATII  INS. 

Sec.     331.       In     cases     where     the     wall     column 
exceeds    the    above   provisions,    the   column    must   rest   upon 
a    -teel    or    reinforced    concrete    girder    having    an    int < 
column  or  columns  at   the  inner  end.     The  foundation  shall 
then  be  designed  for  the  combined  loads.     This  section  does 
not  apply  to  party  walls  and  foundations. 

Combination  foundations  or  inverted  arches  of  brick, 
stone  or  concrete  masonry  may  be  used  in  connecting  piers 
or  walls,  in  which  case  the  arch  shall  be  ample  to  support 
the  load  and  the  thrust  taken  by  embedded  tie  rods. 

SPEI  I  \l     FORMS  i  >l     I"  CUNDATK  >NS. 

Special  forms  of  foundations  such  as  caissons,  may  be 
used  after  approval  by  the  inspector  of  buildings. 

RETAINING   WALLS. 

Sec.  332.  Walls  sustaining  the  pressure  of  earth  shall 
be  designed  in  accordance  with  an  approved  formula.  Rein- 
forced concrete  walls  may  be  used,  designed  in  accordance 
with  the  provisions  for  reinforced  concrete  in  Class  "B" 
buildings.  Xo  part  of  such  walls  shall  extend  beyond  the 
curb  line.  Retaining  walls  for  side-walks  areas  provided 
with  a  sidewalk  of  steel  beams  and  concrete  shall  be  not 
less  than  seventeen  inches  wide  at  the  top  and  incri 
one  inch  in  thickness  for  every  foot  in  height.  Special  forms 
of  retaining  walls  with  steel  beams  resting  against  the 
walk  beams  may  he  used  if  of  approved  designs.  No  per- 
manent wooden  bulkhead  over  five  feet  in  height  shall  be 
construe: 

\RK.\  WALLS  FOR  HYDRANT  PROTECTION'. 

Sec.   333.     At   places   where   designated    by   the   in 
■f  buildings   the   retaining   walls  of   sidewalk-   shall 


506 

curved  around  any  hydrant  in  such  way  that  the  hydrant 
is  outside  the  wall  and  a  clear  space  3  feet  4  inches  wide 
and  3  feet  4  inches  deep  from  the  curb  line  left  for  the 
hydrant.     Sidewalks  shall  be  built  close  up  to  hydrants. 

SIDEWALK  CONSTRUCTION. 

Sec.  334.  All  sidewalks  over  excavated  areas  shall  be 
made  with  a  wearing  surface  of  concrete.  Where  resting 
directly  on  earth  the  concrete  shall  be  at  least  three  and 
one-fourth  inches  thick  with  a  wearing  surface  of  sand  and 
cement  in  equal  parts  at  least  J4  incn  thick  in  addition. 

Sidewalks  over  excavated  areas  shall  be  supported  on 
steel  or  reinforced  concrete  beams.  The  space  between 
the  beams  shall  be  covered  either  with  a  reinforced  con- 
crete slab  at  least  5  inches  thick  or  a  brick  arch  at  least  4 
inches  thick.  In  addition  there  shall  be  a  wearing  surface  of 
fine  gravel  and  cement  in  equal  parts  at  least  ^4  inch  thick. 

All  sidewalks  shall  have  a  drop  outward  from  the  build- 
ing line  of  14  mcn  Per  f°°t  of  width. 

All  sidewalks  shall  be  laid  in  sections  not  exceeding 
twelve  (12)  linear  feet  in  length.  The  sections  shall  be 
constructed  alternately ;  or  if  constructed  continuously,  the 
sections  shall  be  separated  from  one  another  by  joints 
extending  through  the  entire  thickness  of  the  pavement. 

SPECIAL    PROVISIONS    RELATING    TO    THE    CON- 
STRUCTION  OF   CLASS   "A"   BUILDINGS. 
DESCRIPTION. 

Sec.  335.  Class  "A"  buildings  of  unlimited  height 
shall  be  built  with  a  steel  frame  carrying  all  floor  loads  and 
all  walls  from  the  third  floor  up. 

Class  "A"  buildings  in  which  the  height  does  not  exceed 
86  feet  may  have  the  exterior  wall  a  bearing  wall  carrying 
the  adjacent  floor  loads,  or  the  exterior  wall  may  be  a  self- 


5U7 

supporting  curtain  wall  without  openings,  the  floor  loads 
being  carried  on  columns  built  in  the  wall.  Cast  iron 
columns  may  be  used  in  such  buildings.  Provided  that  no 
school,  hospital,  theatre,  or  building  Eor  public  assemblage 
required  to  be  fireproof,  be  constructed  without  columns 
built  into  the  exterior  walls  which  column  may  carry  the 
floor  load  only. 

STEEL  FRAME. 

Sec.  336.  No  material  less  than  '  4  inch  in  thickness 
shall  be  used  in  any  pari  subject  to  stress. 

Sec.  337.  Columns  shall  be  proportioned  in  accordance 
with  the  provisions  of  this  ordinance. 

Ml  columns  in  buildings  over  86  feet  in  height  shall 
be  made  up  of  rolled  steel  shapes  and  no  columns  shall  be 
used  which  do  not  have  one  solid  web  of  metal  along  or 
parallel  with  one  axis  of  cross  section.  All  columns  shall 
extend  to  a  foundation  the  top  of  which  is  not  above  the 
basement  floor  level,  except  where  the  load  is  carried  on 
trusses  or  girders  to  other  columns. 

Columns  shall  be  connected  to  each  other  by  splice  plates 
near  a  floor  line.  The  splice  plate  must  be  of  sufficient 
size  to  take  any  possible  tension  or  shear  due  to  wind  or 
eccentric  loading.  Columns  may  be  built  in  length  of  one 
or  more  stories. 

i  iron  columns  may  be  used  in  buildings  under  86 
feel  in  heighl  and  shall  be  in  accordance  with  the  provisions 
of  this  ordinance. 

GIRDERS  AND  BEAMS. 

Sec.  338.  Girders  and  beams  shall  be  rolled  steel 
shapes  or  built  of  rolled  steel  sections.  The  compression 
flanges  shall  be  stayed  against   side  deflection  if  the  length 

exceeds  M)  times  the  width. 


508 

Girders  of  two  "I"  beams  or  channels  shall  have  bolted 
separators  at  ends,  under  concentrated  loads  and  at  inter- 
vals of  not  over  five  feet  when  uniformly  loaded. 

Built  girders  shall  have  stiffeners  at  the  ends,  under 
concentrated  loads  and  at  intervals  of  not  over  five  feet 
when   uniformly   loaded. 

Built    girders    shall    have    stiffeners    at    the    ends,    under 
concentrated    loads    and    under    uniform    loads    at    distances 
apart  not  exceeding  the  depth  of  the  girder  when  the  shear- 
ing stress  per  square  inch  exceeds  that  given  by  the  formula : 
15,000 

S  equals 

d2 

1  plus 

3000  t2 
where    d    equals    clear    distance    between    flange    angles    and 
t  equals  web  thickness  in  inches. 

LIMITING  DISTANCES. 

Sec.  339.  No  part  of  the  metal  of  any  column  except 
connections  and  beam  support  shall  be  less  than  four  inches 
from  the  outside  of  any  exterior  wall.  Portions  of  the 
frame  supporting  walls  shall  not  be  less  in  width  than  one- 
half  the  width  of  the  wall  and  the  supporting  part  shall 
project   to  within  two  inches  of  the  outer   face  of  the   wall. 

TIE  RODS. 

Sec.  340.  Tie  rods  shall  connect  all  beams  where  the 
floor  construction  gives  rise  to  a  thrust.  Rods  shall  have 
nuts  or  turnbuckles  for  adjustment. 

METAL  FRONTS,  CORNICES.  FIRE  WALLS. 
ROOF  TRUSSES. 

Sec.  341.  Cast  iron  or  metal  fronts  may  be  placed 
in  front  of  columns  of  the  steel  frame,  provided  the  latter 
are  fully  fireproofed. 


509 

Brackets  supporting  overhanging   cornices,  belt  con 
and  other  projections   -hall  be  attached   to  the   steel    frame. 

Parapet  and  fire  walls  shall,  if  over  three  feel  high  above 
roof,  be  connected  to  the  steel  frame  which  must  be  extended 
for  that  purpose. 

Roof  trusses  under  45  feet  span  ma)  rest  on  brick  walls. 
Spans  over  45    feel   shall   rest   on   steel   columns. 

WIND   BRACING. 

Sec.  342.  In  buildings  over  one  hundred  and  two 
feet  high,  or  where  the  height  exceeds  three  times  the  least 
horizontal  dimension,  the  following  provisions  "i  this  section 
shall  apply  : 

steel  frame  -hall  be  designed  to  resist  a  wind 
force  of  -'('  pounds  per  square  foot  acting  in  any  direction 
upi  'ii  the  en'  ised  surface. 

In  n.  •  ea-e  -hall  the  overturning  moment  due  to  wind 
exceed  50  per  centum  of  the  moment  due  to  the  weight  oi 
the  structure.  All  exterior  wall  girders  shall  have  knee-brace 
connections  to  columns.  Provisions  shall  he  made  tor 
diagonal,  portal  or  knee-bracing  to  resist  wind  stresses,  and 
such  bracing  -hall  he  continuous  from  the  top  story  to  and 
including  ent. 

WALLS. 

Sec.    343.     The    exterior,    party,   division,    court    or   shaft 
walls    where    carried    on    the    steel    frame    shall    he    f\    hrick. 
reinforced  concrete,  concrete  or  stone.     Where  self-suppi 
ing  wall-   are   used   they   -hall    he  of   brick   or   plain   conci 
All  walls  -hall  hi-  anchored  to  frame  at  -pace-  not  din:,' 

5  feet  with    ;.j-mch  anchors  with  <>  inches  square  head-. 

I  he    wall-    of    court-    and    shaft-    of    an    an  than 

Square    feet    may    he   of   tile    same   construction    a-    allowed 
lor  partitions  hut  they  must  be  plastered  "ii  the 

33 


510 

BRICK  WALLS. 

Sec.  344.  Brick  walls  when  supported  on  the  steel 
frame  or  in  the  first  and  second  story,  shall  he  at  least  13 
inches  thick  unless  reinforced,  except  that  if  used  in  the 
basement  they  shall  be  17  inches  thick.  Stone  or  terra  cotta 
veneer  shall  not  be  counted  part  of  this  thickness.  If  the 
height  of  a  supported  wall  exceeds  24  feet  or  the  area  be- 
tween supporting  girders  and  columns  exceeds  400  square 
feet  the  thickness  shall  be  made  17  inches. 

Self-supporting  curtain  walls  of  brick  built  in  between 
columns  supporting  floor  loads  may  be  used  in  Class  '"A" 
buildings  of  a  height  not  over  86  feet.  Said  curtain  walls 
shall  be  21  inches  thick  in  basement.  17  inches  thick  for  a 
height  of  46  feet  above  the  first  floor  and  13  inches  thick 
for  the  remaining  height.  No  openings  shall  be  made  in 
curtain  walls. 

Self-supporting  bearing  walls  of  brick  may  be  used  in 
Class  "A"  buildings  of  a  height  not  over  86  feet.  Such 
walls  shall  be  of  a  thickness  as  given  in  this  ordinance 
relating  to  Class  "C"  buildings.  Such  walls  may  be  used 
to  carry  adjacent  floor  loads,  provided  that  the  adjacent 
interior  column  is  not  more  than  20  feet  from  the  bearing 
wall. 

RLINFORCED  CONCRETE  WALLS. 

Sec.  345.  Walls  of  reinforced  concrete  shall  be  per- 
mitted in  Class  "A"  buildings  provided  they  be  constructed 
in  accordance  with  this  ordinance  relating  to  Class  "B" 
buildings,  except  that  they  shall  be  supported  on  steel 
columns  and  beams  instead  of  reinforced  concrete. 

Concrete  made  with  broken  brick  or  terra  cotta  or 
cinders  instead  of  broken  stone  will  be  permitted  in  Class 
"A'*   buildings. 

REINFORCED  BRICK  WALLS. 

Sec.  346.  Walls  of  brick  may  be  built  of  a  thickness 
not   less  than   eight    (8)    inches,   provided   that    vertical    steel 


511 

rods  1 1 « » t  less  than     .   oi  an  inch  in  diameter  and  spaced  not 
over  24   inches  aparl    horizontally  are  used   to   reinforce  the 
walls.     Such  rods  must  be  rigidly  attached  to  the  steel  n 
at  each  floor.     No  wall  of  this  thickness  shall  be  built  of  a 
height  exceeding  eighteen  feet   in  each  story   and   the   mate 
rials    shall    be    built    in    accordance    with    previous    sections 

ring  their  constructii  in. 

[f   the   area   of   wall    surface   included    between    anj    two 
icent  wall  columns  and  adjacent  floor  girders  exceeds  300 
square  feet,  the  thickness  of  the  walls  shall  not  be  less  than 
12  inches. 

FLOOR  AND  ROOF  CONSTRUCTION. 

Sec.  347.  The  structural  part  of  floors  and  roofs  may 
be  built  of  terra  cotta,  brick,  steel  or  of  concrete  made  of 
stone,  broken  brick,  cinders  or  other  concrete.  The  slabs 
or  arches   shall   be  proportioned   to  carry   loads  20  per  cent 

ter  than  required  for  the  supporting  steel  beams  of 
the  frami 

TERRA  COTTA  FLOORS. 

Sec.  348.  Segment  floor  arches  built  of  terra  > 
shall  have  a  rise  of  not  more  than  1-10  the  span  for  the 
arch  portion,  not  less  than  4  inches  for  spans  up  to  six 
feet,  nor  less  than  6  inches  for  -pans  up  to  ten  feet.  Spans 
over  ten  feet  are  prohibited.  X"  arch  -hall  be  less  than 
4  inches  thick. 

Arches  shall  he  constructed  so  that  the  key  block  shall 
fall  in  the  center  and  the  -hells  and  webs  always  abut  against 
each  other. 

Flat  arches  shall  have  spans  not  exceeding  ten   feet  and 
the   depth   of   the   tile    shall    nut    he   less   than   one   and    tht 
quarters  inches  fur  each   foot   of  -pan 

BRICK    VRCH   FL<  lORS 

Sec.  349.  I'.riek  laid  in  cement  lime  mortar  may  be 
used   for  floors   up   t..   ten   feet    span.     The   rise   shall   he    l-'1 


512 

the  span   with  4  inches  crown  thickness  for  spans  up  to  six 
feet   and  cS  inches  crown   thickness  for  spans  up  to  ten  feet. 

REINFORCED  CONCRETE  FLOORS. 

Sec.  350.  Floors  of  reinforced  concrete,  built  in  con- 
formity with  the  requirements  for  reinforced  concrete  as 
outlined  under  Class  "1!"  buildings,  may  be  built  in  Class 
"A"  buildings. 

No  concrete  slab  shall  have  a  span  exceeding  sixteen 
(16)  feet,  and  in  buildings  over  86  feet  in  height  no  slab 
shall  be  over  ten    (10)    feet  span. 

No  slab  of  stone  concrete  shall  be  less  than  three  and 
one-half  inches  thick,  except  roof  slabs,  which  may  be  three 
inches  thick.  Slabs  over  eight  feet  span  and  less  than 
twelve  feet  span  shall  not  be  less  than  four  and  one-half 
inches  thick.  Slabs  over  twelve  feet  span,  shall  not  be  less 
than  five  inches  thick.  Slabs  may  be  built,  of  concrete,  in 
which  broken  brick,  terra  cotta  or  cinders  are  used  in  place  of 
stone,  provided  they  are  made  not  less  than  four  inches 
thick  for  floors  and  not  less  than  three  and  one-half  inches 
thick   for   roofs. 

SPECIAL    FLOORS. 

Sec.  351.  Floors  may  be  built  of  lens  light  not  ex- 
ceeding f«>ur  inches  square  each,  set  in  cement  and  con- 
structed in  a  manner  similar  to  sidewalk  construction. 

Floors  of  iron  plates  resting  on  steel  supports  may  be 
used  in  boiler  rooms. 

Floors  of  special  design  must  be  submitted  to  the  in- 
spector of  buildings  for  approval. 

FLOOR  COVERING. 

Sec.  352.  The  wearing  surface  of  the  floors  shall  rest 
on   the  structural   part   and  may  consist  of  a   cement   finish, 


513 

terrazzo,  marble  tile,  encaustic,  or  other  tile,   \\ 1   resting 

upon  sleepers  fastened  to  the  structural  part  with  con- 
crete filling  or  other  material  approved  by  the  inspector  of 
buildings. 

PARTITIONS. 

Sec.  353.  Partitions  may  be  made  of  brick,  solid  con- 
crete,  reinforced  concrete,  metal  lath  and  plaster  on  metal 
studs,  terra  cotta  or  plaster  blocks. 

No  partition  shall  rest  upon  a  wooden  floor,  but  must 
be  carried  down  to  the  incombustible  materials  below. 

Brick  partitions  shall  be  laid  as  walls  and  the  thick- 
n<  ss  shall   not  be  less  than  eight   inches. 

Solid  plain  concrete  partitions  shall  not  be  less  in 
thickness  than   1-30  of  the  height. 

Reinforced  concrete  partitions  shall  not  be  less  in  thick 
ness  than  1-60  of  the  height. 

Plastered  partitions  shall  have  a  base  of  metal  studs 
and  metal  lath.  I'p  to  a  height  of  twelve  feel  solid  parti- 
tions two  inches  thick,  with  one  layer  of  lath,  may  be  used. 
For  greater  heights  studs  with  two  layers  of  lath  shall  be 
used.  The  depth  of  the  studs  shall  be  at  least  1-60  of  the 
height  of  partition. 

Terra  cotta  partitions  shall  have  the  blocks  set  in 
cement  lime  mortar  and  fastened  with  iron  clips.  Thickness 
of  terra  cotta  shall  be  at  least  1-40  of  the  height  of  parti- 
tion. 

Plaster   block   partitions    shall    be    built    of    solid    pit 
Mock-  of  a  thickness  at  least    1-40  of  the  heigh  partition 

and   doweled   at    top   and   bottom   of   each    block. 

CEILINGS. 

Sec.    354.      Ceiling-    -hall    be    made    of    reinforced    con- 
crete,   terra    COtta    tile,    metal    lath    and    plaster    or    othei 
proved    form-.      It    of   reinforced  or    ten  tile, 

the  provision-  relating  to  floor-  shall  apply.     If  the  ceilings 


514 

be  of  metal  lath  and  plaster,  the  lath  shall  be  suspended 
from  the  floor  or  ceiling  beams  by  a  rigid  frame  work,  to 
which  the  lath  shall  be  firmly  applied. 

"FIRE-PROOFING." 

Sec.  355.  All  metal  structural  members  which  sup- 
port or  resist  stresses  and  are  not  covered  by  brick  or 
concrete  to  a  thickness  of  five  inches,  shall  be  fire-proofed 
as  per  sub-divisions  (a),  (b)  and  (c)  of  this  section.  All 
fire-proofing  shall  be  continuous  and  no  pipes,  wires,  cables 
or  similar  material,  other  than  reinforcing,  shall  be  incased 
or  imbedded  in  any  fire-proofing,  nor  shall  any  fire-proofing 
be  cut  to  allow  the  passage  of  any  pipe  or  duct  through 
any  part  except   floor  slabs. 

(a)  "COLUMN  FIRE-PROOFING."  The  protection 
of  columns  shall  consist  of  stone  concrete  four  inches  thick, 
filled  solidly  around  the  columns  or  of  brick  laid  in  Port- 
land cement  with  Portland  cement  mortar  or  stone  con- 
crete filled  in  solidly  so  as  to  leave  no  voids  or  spaces 
between  the  brick  and  the  columns,  or  a  four-inch  porous 
terra  cotta  hollow  block.  The  blocks  shall  be  accurately 
fitted,  laid  in  Portland  cement  mortar,  and  the  spaces  be- 
tween the  terra  cotta  blocks  and  the  steel  shall  be  filled 
in  solidly  with  Portland  cement  mortar  or  stone  concrete. 
In  every  case  the  column  protection  shall  cover  the  column 
at  all  points  to  a  thickness  of  not  less  than  four  inches 
and  be  continuous  from  the  base  to  the  top  of  the  column. 
The  extreme  outer  edges  of  lugs,  brackets  and  similar  sup- 
porting metal  may  project  to  within  two  inches  of  the 
outer  surface  of  the  protection. 

(b)  "FIRE-PROOFING  OF  GIRDERS,  TRUSSES, 
ETC."  The  protection  of  girders  and  all  members  of 
trusses  shall  be  of  stone  concrete,  brick  or  porous  terra 
cotta.    and    shall    not    be    less    than    two    inches    thick    at    all 


515 

points.  The  protection  of  the  we~bs  and  soffits  of  beams, 
lintels  and  other  lesser  structural  members  which  support 
loads  or  resist  stresses  and  project  above  or  below  the 
arches,  shall  l>c  nol  less  than  two  inches  in  thickness  at 
any  point.  The  soffits  of  all  floor  beams  nol  projecting 
below  the  arches,  shall  be  protected  l>\  not  less  than  two 
inches  of  arch  material.  If  of  hollow  tile,  the  protection 
shall  consist  of  lugs  forming  part  of  the  skewbacks,  and 
extending  around  the  lower  flange  of  the  beam  and  meeting 
at  the  center;  01  oi  tile  slabs  held  in  position  b)  d 
tailed  lugs  projecting  from  the  skewbacks,  all  to  l>c  laid  and 
jointed  with   Portland  cement   mortar. 

"USE  I  »F  SI  i  E  1  \WI1<  »RS  -  The  firepi 
protection  of  all  the  above  structural  members,  if  oi 
crete,  shall  be  held  in  position  1>\  suitabl}  designed  interior 
i  anchors,  hooked  rigidly  around  the  flanges  or  angles 
the  structural  members  and  spaced  not  over  sixteen 
inches  apart,  horizontally  and  vertically;  these  anchors  to 
be  made  with  hooked  ends  from  steel  stuck  weighing  not 
less  than  one-quarter  of  a  pound  per  lineal  foot,  and  extending 
in  within  one  inch  of  the  outside  surface  of  the  concrete. 

SPECIAL    PROVISIONS    RELATING    TO     nil      CON- 
STRUCTION   l  )F   (LASS  ••!•.'•    BUILDINGS 

Sec.    356.      Class    "B"   buildings    shall    have    a    complete 
frame    of    column-,    girders    and    beam-    made    of    reinfoi 
concrete    with    masonry    walls,    and    the    structural    part-    oi 

ind    roof    construi  reinforced    concrete. 

roof    trusses,    constructed    in    accordance    with    the    require- 
ment lass  "  \"  buildings,  shall   be  permitted   in  ' 
"P."  buildings. 

MATERIA!  S      I  I  STS   AND   ALLOW  MW.K   SI  I 

Sec.    357.      The    concrete    -hall    be    mixed    in    the    pro- 
portion of  ii"t   less  than  one  part  of  Portland  cement   t. 


516 

of  aggregates,  consisting  of  sand  and  gravel  or  broken 
stone  of  not  more  than  one  inch  major  dimension  for  cur- 
tain walls,  columns,  slabs,  girders  and  beams  and  two-inch 
major  dimensions  for  basement  walls  and  foundations. 

The  proportions  shall  be  such  that  the  resistance  of 
the  concrete  to  crushing  shall  not  be  less  than  two  thousand 
pounds  per  square  inch  after  hardening  for  28  days. 

In  concrete  the  following  allowable  stresses  in  pounds 
per  square  inch  shall   not  be  exceeded  : 

In  direct  compression,  one-fifth  of  the  ultimate  com- 
pressive strength,  but  not  to  exceed  500  pounds  in  any  case. 

In  helically  wound  or  hooped  columns,  one-fourth  of 
the  ultimate  compressive  strength,  but  not  to  exceed  700 
pi  >unds  in  any  case. 

In  compression  in  outer  fibre  in  cross-bending,  one- 
fourth  of  ultimate  compressive  strength,  but  not  to  exceed 
500  pounds  in   any  case. 

In  shear,  one-tenth  of  allowable  stress  in  outer  fibre 
in  cross-bending,  but  not   to  exceed  75   pounds  in  any  case. 

No  tensile  stress  shall  be  taken  by  the  concrete. 

In  adhesion  of  concrete  to  steel,  60  pounds  per  square 
inch  of  concrete  in  contact  with  steel  for  plain  bars  and 
100  pounds  for  deformed  bars. 

When  the  safe  limit  of  adhesion  is  exceeded,  some  pro- 
visions must  be  made  for  transmitting  the  strength  of  the 
steel  to  the  concrete. 

Steel  shall  bend,  when  cold,  through  an  angle  of  100 
degrees  around  a  radius  equal  to  five  times  the  thickness 
of  the  test  piece,  without  fracture  on  the  outer  circumfer- 
ence. The  fracture  shall  be  silky  or  fine  granular.  All 
steel  shall  be  free  from  dirt,  paint  and  excessive  scale  and 
rust. 

In  steel  the  following  allowable  stresses  in  pounds  per 
square  inch  shall  not  be  exceeded  : 

In  tension,  one-third  of  the  elastic  limit,  but  not  to 
exceed  20,000  pounds  in  any  case. 

In  shear,   10,000  pounds. 


517 

hi  compression,  fifteen  times  the  allowable  stress  in 
direct  compression  in  the  concrete. 

The  ratio  of  the  moduli  of  elasticitj  to  steel 

shall  be  taken  as  one  to  fifteen. 

DESIGN    IX  GENEP  \1.. 

Sec  358.  The  bending  moments  due  to  uniformly 
distributed  load?,  -hall  n •  > t  be  taken  less  than: 

WI.-S  for  beams  simply  supported  al  the  ends. 

\\  1.-12  for  continuous  beams. 

WL-20  For  square  floor  slabs  which  are  reinforced  in 
both  directions  and  are  supported  on  all  sides  and  con- 
structed   continuous. 

W  equals  the  total  uniformly  distributed  load. 

L  equals  the  length  of  span. 

For  concentrated  loads  the  allowed  moment  shall  not 
exceed  thai  due  to  an  equivalent  uniformly  distributed  load. 

The    moment    of   resistance   of    anj    rein 

truction  under  transverse  loads  -hall  be  determined  by 
formula-  based  "ii  the  following  conditions: 

The  bond  between  the  concrete  and  steel  is  suffi- 
cient to  make  the  two  materials  act  together  as  a  homo- 
geneous solid. 

(b)  The  strain  in  any  fibre  i-  directly  proportionate 
to  the  distance  of  that   fibre   from   the   neutral   axis. 

The  modulus  of  elasticity  of  the  concrete  remains 
constant  within  the  limits  of  the  working  stresses  fixed  in 
this  ordinance. 

The  dimensions  of  such  a  beam  or  girder  and  its  rein- 
forcement .-hall  be  determined  and  fixed  in  such  a  way 
that  the  strength  of  the  metal  in  tension  shall  measure  the 
Strength  of  the  beam  or  girder.  If  the  concrete  in  coin- 
pression,  including  the  allowable  concrete  in  adjoining  floor 
construction,    doe-    not    afford    sufficient  th    for    that 

purpose,    the    compression    side   of    the    beam    or    girder    in 
question   shall   also  be  reinforced   with   metal. 


518 

Reinforced  concrete  construction  shall  be  designed  so 
that  the  shearing  stresses,  both  vertical  and  horizontal,  de- 
veloped in  any  part  of  the  construction,  shall  not  exceed 
the  safe  working  strength  of  the  concrete  as  fixed  in  this 
ordinance,  or  sufficient  amount  of  steel  shall  be  introduced 
in  such  a  position  that  the  deficiency  in  the  resistance  to 
shear   is  overcome. 

All  beams  or  girders  shall  be  reinforced  with  metal,  if 
necessary,  for  other  reactions. 

Neither  the  reinforcing  metal  nor  the  concrete  shall  be 
subjected  to  combined  stresses  in  the  same  place  so  as  to 
exceed  in  combination   the  stresses   allowable   separately. 

REINFORCEMENT. 

Sec.  359.  If  it  is  necessary  to  splice  reinforcing 
members,  either  in  compression  or  in  tension,  there  shall 
be  either  a  steel  splice  that  in  tension  will  develop  the  full 
strength  of  the  member,  or  else  the  members  shall  be 
lapped  in  the  concrete  for  a  length  equal  to  at  least  the 
following: 

For  plain  bars  of  medium  steel,  forty  times  the  diameter 
of  maximum  diagonal  of  cross-section.  For  plain  bars 
of  high  elastic  limit  steel,  seventy  times  the  diameter  of 
maximum  diagonal  of  cross-section.  In  no  case  shall  the 
reinforcement  of  beams  or  girders  be  spliced.  If  the  hoop- 
ing of  columns  is  spliced,  the  splice  shall  develop  the  full 
strength  of  the  least  section  of  the  hooping. 

Steel  shall  be  imbedded  in  concrete  so  that  the  thick- 
ness of  concrete  covering  outside  of  steel  shall  be  as  fol- 
lows: 

For  flat  slabs,  not  less  than  three-fourths  (^4)  of  an 
inch. 

For  columns  and  beams,  not  less  than  two   (2)  inches. 

For  foundations,  not  less  than  three  (3)  inches  from 
earth  at  sides  and  top,  and  six  (6)  inches  from  earth  at 
bottom   of   slab. 


519 

Where   the   shape  of   the   reinforcement    is   such   tha 
does    not    give    sufficient    bond    to    the    concrete    insulation, 
sucli    reinforcement    shall    be    wrapped    with    wire   or   other- 
wise   prepared    as    required    for    fire-proofing    of    structural 
steel. 

Any  concrete  structure  or  floor  filling  in  same  rein- 
forced or  otherwise,  which  may  be  erected  on  a  permanent 
centering  of  sheet  metal,  or  metal  lath  and  curved  bars,  or  a 
metal  centering  of  any  form,  must  be  strong  enough  to 
carry  its  loads  without  assistance  from  the  centering,  un 
the  concrete  is  so  applied  as  to  protect  the  centering  as 
herein    specified    for   reinforced    steel. 

Exposed  metal  centering  or  exposed  metal  of  any  kind 
will  not  In  considered  as  a  factor  in  the  strength  of  any 
part  of  any  concrete  structure  and  a  plaster  finish  applied 
Over   the   metal    shall   not   he   deemed    sufficient    protection. 

OOP    WD  R<  ><  IF  SI.  \BS. 

Sec.    360.      The    general    provisions    as    to    design    shall 
hold    for    floor   ami    roof  slabs,   which    shall    be    o 
concrete.     Xo   floor  slab  shall   be  less  than   three   and   i 
half   inches    thick.      No    roof    -labs    shall    be    less    than    three 
inches    thick. 

The  covering  may  be  wood,  marble,  cement,  tile  or  other 
material,  but  such  covering  shall  not  be  considered  as  part 
of  the  thickness  required  for  slabs. 

The  floor  slab  to  the  extent  of  not  more  than  five  times 
its  depth  on  each  side  of  a  beam  or  girder  may  be  taken 
as  a  part  of.  said  beam  or  girder  in  computing  the  moment 
of  resistance  of  the  beam  or  girder,  but  the  beam  and  slab 
must  be  built  at  the  same  time  as  a  unit. 

Where  beams,  girders  and  nnect   in  such  a  way 

that    there    is    a   corresponding    member   •  >i i    the    opposite   side 
of  each  support,  they  may  be  taken  as  conlinu. 

Wherever    possible,    beam-    and    girders    and    also    their 
intermediate    floor    construction    shall    be    made    continu 
Reinforcing  metal  shall  be  used  for  that    purpose  m  the 


520 

of  all  connecting  members  at  the  point  of  support,  and  it 
shall  be  sufficient  both  in  section  and  length  to  prevent 
fracture  at  the  point  of  support  when  the  connecting  mem- 
bers are  carrying  twice  their  calculated  loads;  and  in  no 
case  shall  the  area  of  metal  provided  for  continuity  be  less 
than  75  per  cent  of  the  area  of  metal  allowed  for  tension 
in  the  bottom  flange. 

Continuity  or  separate  reinforcing  material  may  be  used 
in  the  top  of  the  slab.  In  either  case,  however,  if  a  part 
of  the  slab  is  considered  as  part  of  the  beam  or  girder,  the 
reinforcing  material  must  cross  the  full  width,  both  of  the 
beam  or  girder  and  the  part  of  slab  so  considered. 

DESIGN    OF    COLUMNS. 

Sec.  361.  Columns  of  reinforced  concrete  shall  not 
have  an  unsupported  length  exceeding  fifteen  times  the 
least  horizontal  dimension,  which  shall  not  be  less  than  ten 
inches. 

In  computing  the  strength  of  columns,  the  two  inches 
of  concrete  nearest  the  surface  shall  be  deducted  from  the 
area  of  concrete. 

In  columns  subjected  to  cross-bending  the  unit  stresses 
from  combined  loadings  shall  not  exceed  the  allowed  stresses 
for   direct   compression. 

All  columns  shall  have  vertical  steel  reinforcing  mem- 
bers,  the  net  area  of  cross-section  of  which  shall  be  at  least 
one  per  cent  and  not  more  than  five  per  cent  of  the  area 
of  concrete  in  cross-section  where  rods  are  used.  These 
members  shall  be  stayed  against  buckling  at  points  whose 
distance  apart  does  not  exceed  the  least  diameter  of  the 
column. 

The  stays  shall  have  an  area  of  at  least  five  one- 
hundredths  of  a  square  inch.  Where  structural  shapes  are 
used  for  reinforcing,  they  shall  be  designed  as  provided  for 
similar  members  in  Class  "A"  buildings,  and  any  concrete 
calculated    to    take    compressive    stress    shall    be    enclosed    in 


521 

said    reinforcement    or   otherwise    reinforced    .1-    herein    pro 
vided. 

Vertical  reinforcing  members  which  are  considered  in 
compression  shall  have  full  perfecl  bearings  a<  each  joint, 
and  such  joints  shall  occur  only  at  floors  or  •  > 1 1 1  e r  points 
of  lateral  supporl  ami  tight-fitting  sleeves  and  splice  bars 
shall  be  provided  at   all   such   joints. 

Suitable  base  plates  shall  be  provided  at  the  bottom 
of  columns  t"  distribute  Hie  column  loads  over  the  Footings. 

The   allowed    stresses   in   columns  shall   not   exceed   one 
fifth    of    the    ultimate    resistance    to    direct    compression    per 
square    inch    on    the    concrete    and    in   the    steel    the    allowed 
stress   shall   be  computed   from    the   corresponding  compres- 
sion, except  in  hooped  or  helically  wound  columns. 

Columns  which  are  hooped  with  steel  near  the  outer 
surface  in  the  shape  of  circular  hoops,  or  of  a  helical  cylin- 
der, and  if  the  minimum  distance  apart  of  the  hoops,  or 
the  pitch  of  helix  does  nol  exceed  one-tenth  of  the  diameter 
the  hooped  or  helical  cylinder,  may  have  the  strength 
assumed  as  the   -  the   following  two  elements: 

1.  The  area  of  the  concrete  inside  the  hoops  at  one- 
fourth  of  the  ultimate  Strength  in  direct  compression  in 
pounds  per  square  inch,  but  not  to  exceed  700  pounds  per 
square    inch    in    any   case 

J.     The  compressive  resistance  of  the  longitudinal 
reinforcement    at    fifteen    times    the    allowed    stress    on    con- 
crete in  direct  compression. 

3.  The  hooping  is  to  be  designed  of  a  strength  to  resist 
the  tension  due  to  a  unit  lateral  pressure  of  one  fifteenth 
the  unit  compression  stress  on  the  concrete. 

Splices  in  hooping,  if  required,  and  anchoring  of  same, 
shall  develop  full  strength  of  hooping. 

WIND   BRACING. 

Sec.  362.  The  provisions  of  this  ordinance  relating 
to  Class  •■  \"  buildings   shall   apply  t"  buildii 


522 

and    in    addition    the    reinforcing    of    columns    shall    be    con- 
nected so  as  to  develop  its  full  strength  in  tension. 

WALLS. 

Sec.  363.  The  exterior,  party,  division,  court  and 
shaft  walls  of  Class  "B"  buildings  shall  be  of  brick,  rein- 
forced concrete,  or  concrete,  built  as  provided  in  this  ordi- 
nance relating  to  Class  "A"  buildings. 

REINFORCED   CONCRETE   WALLS. 

Sec.  364.  Reinforced  concrete  walls  shall  be  at 
least  six  inches  thick.  If  the  area  of  wall  surface  included 
between  any  two  adjacent  wall  columns  and  adjacent  floor 
girders  exceeds  300  square  feet  and  is  less  than  400  square 
feet,  the  thickness  of  the  wall  shall  not  be  less  than  eight 
inches.  If  the  area  exceeds  400  square  feet,  the  wall  thick- 
ness shall  not  be  less  than  twelve  inches,  supported  on  the 
frame  at  each  story. 

In  reinforced  concrete  walls  the  area  of  steel  reinforce- 
ment shall  aggregate  one-half  of  one  per  cent  of  the  area 
of  the  concrete,  and  one-half  shall  be  placed  vertically  and 
one-half  horizontally. 

No  reinforcement  shall  be  spaced  more  than  twenty- 
four  inches  apart.  Additional  reinforcement  shall  be  placed 
around  openings,  and  all  reinforcement  shall  be  wired  at 
each  intersection.  All  reinforcement  shall  be  rigidly  con- 
nected at  columns  and  girders  to  the  steel  reinforcement 
of    the    same. 

Reinforced  concrete  walls  may  be  built  in  the  form  of 
bearing  walls  of  uniform  section,  and  of  same  thickness 
required  for  brick  walls. 

If  walls  are  built  of  piers  and  connecting  walls,  the 
piers  shall  be  calculated  and  constructed  as  columns.  The 
connecting  wall,  if  built  of  reinforced  concrete  without 
windows,    may    be    considered    as    self-supporting,    in    which 


523 

case  tin.'  thickness  shall  be  six  inches  in  the  upper  forty 
feel  followed  by  an  increase  of  three  inches  in  thickness 
foi    every  additional   fort)    feet   height. 

\\  here  such  walls  are  pierced  by  openings  for  doors  and 
windows,  the  entire  loads  shall  be  concentrated  "ii  the  piers, 
which  shall  be  proportioned  as  columns. 

P  \R  I  I  I'h  >\S     WD    CEILINi  IS. 

Sec.   365.      Partitions   and   ceilings    shall   be   constructed 
in  accordance  with  the.  provisions  of  this  ordinance  relating 
lass  "  \"  buildings. 

CONSTRUCT!*  'X. 

Sec.  366.  The  following  conditions  shall  be  observed 
in  reinforced  concrete  construction: 

I'lu  concrete  shall  be  mixed  a-  wet  a-  possible  and 
deposited  without  causing  a  separation  of  tin-  cement  from 
the  mixture.  It  shall  be  placed  in  the  forms  as  soon  as 
practicable  after  mixing  and  in  no  case  -hall  concrete  be 
used  which  has  been  wet   more  than  one  hour. 

Joints  in  concrete  poured  at  different  times  shall  be 
made  at  such  places  as  will  not  lessen  the  strength  of  the 
construction.  Joints  with  old  concrete  shall  be  made  by 
cleaning  and  roughening  the  -Id  concrete  and  covering  the 
same    with   cement    L;rout. 

Forms  shall  he  of  sufficient  strength  to  preserve  their 
shape,  and  tight  enough  to  prevent  leaking  of  concrete.  All 
rubbish   and   dirt   shall   he  carefully  removed   from   forms. 

The    form-    for    the   beams   and   girders  of   a    floor   shall 

onstructed  in  conjunction  with  the  forms  for  the  floor 
slabs  wHich  they  support,  and  no  forms  shall  he  removed 
until  all  part-  of  the  respective  flooi  trong  enougl 

support  themselves  and  the  loads  that  may  come  upon  them 
during  construction 


524 

SERVICE  PIPES  AND  CUTTING  OF  CONCRETE  OR 
REINFORCEMENT. 

Sec.  367.  Conduit  or  pipes  for  conveying  electric- 
ity, air  or  gas  may  be  embedded  in  the  concrete  except  in 
columns,  provided  they  are  of  such  size  and  so  placed  as 
not  to  weaken  the  structure  or  its  fire-proofing  in  any  way. 

Pipes  conveying  liquids  in  any  form  are  not  to  be 
embedded  in  any  part  of  the  structural  concrete,  except  as 
may  be  necessary  to  pass  through  floors  and  walls. 

No  drilling  into  or  cutting  of  the  fire-proofing  or  of 
the  steel  reinforcing  spirals,  hoops,  stirrups  or  rods  in  any 
columns  or  beams  for  the  purpose  of  attaching  fixtures, 
hangers  or  for  any  purpose  which  will  in  any  way  injure 
the  concrete  or  reinforcing  in  same,  is  to  be  permitted. 

SPECIAL    PROVISIONS    RELATING    TO    CLASS    "C" 

BUILDINGS. 

Sec.  368.  Class  "C"  buildings  shall  be  built  with 
brick,  stone  or  concrete  walls  supporting  the  adjacent  floor 
loads  and  with  the  interior  floor  loads  supported  by  studded 
partitions,  or  by  wooden  or  steel  or  cast  iron  columns  and 
wooden  or  steel  girders.     Floor  j<>ists  may  be  of  wood. 

The  limit  of  height  shall  be  eighty-four  (84)  feet,  if 
metal  lath  be  used  on  all  floor  and  ceiling  joists,  girders, 
studding,  wood  furring  and  soffits  of  stairs.  The  limit  of 
height  shall  be  fifty-five  (55)   feet  under  all  other  conditions. 

Class  "C"  buildings  with  the  interior  of  mill  construction 
and  without  lathing,  may  also  be  built  to  the  height  of 
eighty-four  (84)  feet.  Class  "C"  buildings  may  be  built 
anywhere  in  the  city. 

INSIDE  FRAMING. 

Sec.  369.  Inside  loads  shall  be  supported  upon  a 
framing  of  steel  columns  and  girders  and  wood  joists,  or 
upon    cast   iron    columns,    steel    girders    and    wood    joists,    or 


525 

upon  steel  or  casl  iron  columns,  wooden  girders  and  wooden 
joists,  or  upon  wooden  columns,  girders  and  joists,  or  stud- 
ded partitions  with  wooden   joists. 

METAL    FRAME. 

Sec.  370.  It  a  metal  frame  consisting  <>i  steel  or 
iron  columns  and  steel  girders  be  used  it  shall  be  framed  as 
provided  in  this  ordinance  relating  to  the  construction  of 
Class  "A"  buildings.  All  steel  or  cast  iron  columns  shall  be 
connected  to  each  other  and  to  the  walls  at  each  floor  by 
steel  girders  nr  beams  not  less  than  six  inches  deep,  or  by 
a  timber  joist  rigidly  attached  to  the  column  by  a  metal 
bracket  and  bolt-. 

TIMBER  COLUMNS. 

Sec.  371.  If  a  timber  frame  consisting  of  umber 
columns,  timber  girders  and  joists  be  used,  tin-  columns  -hall 
lu-  squared  at  right  angles  to  their  axis. 

To  prevent  the  unit  stresses  from  exceeding  those  pro- 
vided in  this  ordinance,  timber  or  iron  cap  and  base-plates 
shall  In-  provided  in  buildings  over  two  stories  high. 

The    foundations   i<i   timber   columns   -hall    be   of   concrete 

•rick,  but  a  distributor}  grillage  i<i  plank-  or  beam-  may 
he   used   in   buildings   not   over  two  stories  in   height. 

STUD   PARTITK  »NS. 

Sec.   372.      Stud-    shall   be   calculated   as   timber   columns 
to   sustain    the   load.     Carrying   stud    partition-   in    basement 
-hall    have    a    continuous    foundation    wall    of    brick,    -ton, 
concrete   under   same. 

VTTIC   PARTITK  >NS. 

Sec.  373.     Attic-  or  the   unfinished  between   the 

ceiling   and    roof    rafters    of   every    Class    "C"    building    -hall 

34 


526 

be  divided  into  compartments  or  rooms.  Such  compartments 
shall  not  have  a  floor  area  of  more  than  twenty-five  hundred 
( 2500)  square  feet. 

TRUSSES. 

Sec.  374.  Roof  trusses  may  be  of  steel  or  of  steel 
and  timber,  or  entirely  of  timber.  Trusses  of  over  45  feet 
span  shall  rest  upon  steel,  brick,  concrete  or  wood  columns 
which  shall  be  continuous  to  the  foundations. 

If  trusses  are  framed  of  steel  they  shall  be  constructed 
in  accordance  with  the  provisions  of  this  ordinance  govern- 
ing the  construction  of  steel  trusses  in  Class  "A"  buildings. 

Trusses  of  timber  and  iron  or  steel  shall  be  built  in 
accordance  with  the  allowed  unit  stresses  for  steel  provided 
in  this  ordinance  and  of  timber  in  accordance  with  the 
provisions  of  this  ordinance. 

Framing  of  trusses  shall  be  in  accordance  with  standard 
practice.  Timber  in  tension  or  compression  shall  be  stressed 
only  in  the  direction  of  the  fibers. 

TIMBER  DETAILS. 

Sec.  375.  All  wood  beams,  joists  and  other  timbers  in 
the  part_\-  walls  of  every  Class  "C"  building  shall  be  sepa- 
rated from  the  beam  or  timber  entering  in  the  opposite  side 
of  the  wall  by  at  least  four  (4)  inches  of  solid  mason  work. 
All  woe  id  trimmer  and  header-beams  or  joists  shall  be  pro- 
portioned to  carry  with  safety  the  loads  the}-  are  intended  to 
sustain. 

Every  wood  header  or  trimmer  more  than  six  (6)  feet 
long,  used  in  any  building,  shall  be  hung  in  stirrup  irons 
of  suitable  thickness  for  the  size  of  the  timbers.  Every  wood 
beam,  or  joist,  except  header  and  tail  beams,  shall  rest  at 
least  four  (4)  inches  on  the  wall,  or  upon  the  girder,  as 
authorized  by  this  ordinance.  The  ends  of  all  wood  floor 
and  roof  beams,  where  they  rest  on  brick  walls,  shall  be  cut 
to  a  bevel  of  three   (3)  inches  in  their  depth. 


527 

All  wood  floor  and  wood  roof  beams  shall  be  properly 
bridged  with  cross-bridging,  and  the  distance  between  bridg- 
ings, or  between  bridging  and  walls  shall  not  exceed  eight 
(8)  feet.  Solid  bridging-  not  less  than  two  i  _' i  inches  thick 
shall  be  placed  between  joists  over  all  girders. 

All  wood  joists  shall  be  trimmed  awaj  at  least  <>m- 
and  one-half  (l'.'i  inches  from  all  flues  and  chimneys, 
whether  the  same  be  smoke,  air  or  any  oilier  flues  or  chim- 
neys.  The  trimmer  beams  shall  no1  be  less  than  eighl  (8) 
inches  from  the  inside  face  of  a  flue  and  four  (4)  inches  from 
the  outside  of  a  chimney  breast,  and  the  header  beam  not 
less  than  two  i  _' i  inches  from  the  outside  lace  of  the  brick 
or  stone  work  of  the  same,  except  that  for  the  smoke-flues 
of  boilers  and  furnaces  where  the  brick  work  is  required  to 
be  eight  (81  inches  in  thickness,  the  trimmer  beam  shall 
not  be  less  than  twelve  (12)  inches  from  the  inside  of  the 
flue.  The  header  beam  carrying  the  tail  beams  of  a  floor, 
and  supporting  the  trimmer  arch  in  front  of  a  fireplace,  -hall 
not  be  less  than  twenty  (201  inches  from  the  chimney 
breast. 

Cutting  for  piping  or  other  purposes  shall  not  be  done 
so  as  to  reduce  the  strength  of  the  supporting  parts  below 
that  required  by  the  provisions  of  this  ordinance. 

No  joists  or  girders  shall  be  cut  into  a  distance  gn 
than   12  inches  from  bearing. 

Ml  wood  partitions  shall  have  solid  caps  and  sills  and  at 
least  one  row  of  bridging  not  less  than  two  (2)  inches 
thick,  and  of  the  full  depth  of  the  standing  studding,  ami 
all  solidly  blocked  behind  the  ribbon  on  the  line  of  the 
spring    of    the    cove.      Rearing    partitions    shall    have    double 

Is   shall   be  used  on  the   sides   and   top  of  all 
openings,    with    heads    and    truss   braces    cut    in    and    sec 

AXCIK  >RS  AND  TIES. 

Sec.  376.  Where  a  steel  beam  acting  as  a  girder  or 
a  tie  beam  rests  upon  a  brick   wall   it   shall   have  an   anchor 


528 


made  of  two  angles  riveted  to  the  end  of  the  beam  and 
projecting  at  least  six  inches  on  each  side. 

Where  wooden  girders  rest  upon  walls  they  shall  be 
fastened  thereto  by  two  iron  anchors  of  at  least  J^  square 
inch  in  section,  at  least  three  feet  long,  and  with  iron  washers 
at  the  outer  end  at  least  6  inches  x  6  inches  x  Y%  inch.  The 
other  end  shall  be  turned  down  at  least  two  inches  and 
fastened  to  the  girder  in  such  a  way  that  the  anchor  is 
self-releasing.  Box  anchors  answering  the  same  require- 
ments may  be  used. 

Where  wooden  joists  rest  upon  walls  they  shall  be 
fastened  with  anchors  as  required  for  girders,  one  anchor 
being  used  in  every  eight  (8)  feet  of  wall. 

Where  girders  or  joists  parallel  a  wall  they  shall  be 
anchored  every  eight  feet  in  the  same  manner. 

Girders  resting  on  columns  shall  be  anchored  thereto 
or  to  the  next  girder  with  two  iron  tie-straps  of  at  least 
Yi  square  inch  section. 

Joists  resting  on  girders  shall  be  lapped  one  foot  and 
spiked  together  or  shall  be  connected  with  iron  straps  of  at 
least  Y2.  square  inch  cross  section.  One  such  strap  shall  be 
used  every  eight  feet  along  the  girder,  and  those  joists  hav- 
ing wall  anchors  shall  be  strapped,  the  object  being  to  form 
a  continuous  tie  across  the  building. 

FLOORS. 

Sec.  377.  Floors  shall  be  built  with  timber  joists  laid 
as  prescribed  by  this  ordinance. 

ROOFS. 
Sec.  378.     Roofs  shall  be  built  as  floors  or  upon  trusses. 

MANSARD  ROOFS. 

Sec.  379.  Mansard  or  other  roofs  of  like  character 
having  a  pitch  of  over  sixty   (60)   degrees,  placed  upon   any 


529 

Class  "C"  building,  shall  be  constructed  onl)  of  an  iron 
or  steel  frame,  lathed  with  iron  or  steel  on  the  inside  and 
plastered  or  filled  in  with  fireproof  material  not  less  than 
three  (3)  inches  thick.  The  outside  of  such  roofs  shall  be 
covered  with  metal,  slate,  tiles,  terra  cotta,  a  3  ply  Pure 
Asbestos  Roofing,  asbestos  shingles  or  asbestos  building 
lumber  not  less  than  one-eighth  (%)  of  an  inch  in  thickness. 
No  such  mansard  roof  shall  be  so  placed  upon  any 
building  that  any  portion  of  such  mansard  roof  shall  be 
more  than  the  allowed  height  from  the  ground  level. 

PARTITN  >NS. 

Sec.  380.  Partitions  shall  be  built  of  masonry,  terra 
cotta,  plaster  blocks,  metal  studding  or  of  studding  con- 
structed as  described  in  this  ordinance.  All  plastering,  where 
required,  shall  be  done  upon  metal  or  wooden  lath. 

CEILINGS. 

Sec.  381.  All  ceilings  shall  be  of  metal  or  wooden 
lath,  plastered   where   required,  or  of  sheet   metal. 

When  ceilings  are  suspended  below  bottom  of  joists 
and  not  in  contact  with  same,  the  bottom  of  said  joists 
throughout  the  concealed  space  thus  formed  shall  be  metal 
lathed  and  plastered  not  less  than  two  heavy  coa 

WALLS. 

Sec.  382.  All  exterior  walls  of  Class  "C"  buildings, 
including  outer  courts,  side  courts  and  outer  shafts  shall 
be  built  of  masonry.  If  built  as  continuous  walls  without 
openings  they  shall  be  not  less  than  the  thicknesses  given 
below,  and  if  pierced  with  openings,  the  bearing  stress  shall 
not  exceed  the  allowed  bearing  per  unit  of  ana.  as  given 
in  this  ordinance. 

Walls  may  be  built  supporting  a  portion  of  the  floor 
in   addition    to   their   own    weight,   or    self-suoporting   curtain 


530 


walls  only,  in  which  latter  case  columns  shall  be  built  in 
the  wall  to  carry  floor  loads.  Where  walls  support  floor 
loads,  the  center  of  any  column  or  stud  partition  supporting 
floor  loads  shall  be  at  a  distance  not  greater  than  twenty- 
four  (24)   feet  from  the  wall. 

The  thickness  of  bearing  walls  for  any  building  not 
over  fifty-five  (55)  feet  in  height  nor  over  seventy-five  (75) 
feet  in  depth,  and  when  used  only  as  a  dwelling  or  tenement 
house,  shall  not  be  less  than  as  given  in  the  following  table: 

TABLE  NO.  "I.- 


Maximum  Permitted  Heights  for  Stories  Indicated. 


>, 

>. 

■ 

>1 

o 

>, 

0 

c 

c 

"5: 

0 

•T. 

r- 

tfi  -w 

*0  _^ 

u; 

—    *J 

■u*4- 

•a**- 

~f 

w  ^f 

Ocm 

.to 

So 

rt 

J3  •-1 

:  — 

— 

E 

t/-. 

H 

— 

One-story   building    

13  in 

9  in 

Two-story  building    

13  in. 

13  in. 

9  in. 

Three-story   building    

17  in. 

13  in. 

13  in. 

13  in. 

Four-story    building    

21  in. 

17  in. 

17  in. 

13  in. 

13  in. 

Party  walls  shall  be  four   (4)   inches  thicker. 
All    bearing   walls,   other   than   those   above   given,   shall 
have  thicknesses  in  accordance  with  the  following1  table: 


TABLE  NO. 


<9" 


Maximum  Permitted  Heights  for  Stories  Indicated. 


a 
E 

>> 

u 

O 

0 

u 
o 

>> 

u 
O 

>> 

u 
C 

>> 

u 

c 

>> 
u 
0 

a 

X  O 

■z 

"2 

.c— ' 
H 

3<M 

o"~~ 

i75 

17  in. 

13  in. 

Two-story  building   

17  in.  17  in. 

13  in. 

Three-storv  building   

21  in. (17  in. 

17  in 

13  in 

1 

Four-storv  building    

21  in.|17  in 

17  in. 

17  in.  13  in.l 

Five-storv   building    | 

25  in. |21  in. 

17  in. 

17  in   17  in.  13  in. 

Six-storv    building     | 

25  in  21  in. 

21  m. 

17  in. |17  in.  17  in. 

13  in. 

Seven-story  building   

29in.|25in.| 

21  in.| 

21  in.|17in.|17in. 

17  in. 

13  in. 

531 

Party  walls  shall   be  tour   (4)   inches  thicker. 

If  any  stor)    exceeds  in   height   the  numbei 
scribed  in  the  table   No.   1   or  table   No.  2,  the   thicknes 
each    wall    throughout    such    story    shall    be    increased 

inches  For  every  five  (5)  feel  or  fraction  thereof  in 
excess  of  tin'  tabulated  height. 

Buildings    may    be    built    of    more    stories,    except 
herein    provided,    l>ut    the    thickness    for    the    heights    given 
shall   not   be   decreased   and   all   changes   in    thickness   shall 
be  made  at  a  fl  ior  level. 

CURTAIN    W  \I.LS. 

Sec.  383.  Self-supporting  curtain  walls  built  between 
piers  or  iron  or  steel  columns,  and  nol  supported  on 
steel  or  iron  girders,  shall  be  not  less  than  thirteen 
inches  thick  for  fort}  six  (46)  feet  of  the  uppermosl  height 
thereof,  or  to  the  tier  of  beams  nearest  to  that  height;  and 
they  shall  be  increased  four  (4 1  inches  for  every  additional 
section  of   fort)  eet,  or  to  the   tier  of  beams   nearest 

to  the  height.  They  shall  not  be  used  as  bearing  walls,  but 
the  floor  loads  shall  be  carried  on  steel  or  cast  iron  columns 
built   into  the   walls. 

Curtain  walls  supported  at  every  floor  line  and  at  roof 
by  a  frame  of  steel  or  reinforced  concrete  girders  and  col- 
umns ami  constructed  as  required  for  Class  "  \"  or  Class 
"B"  buildings,  will  he  permitted  in  Class. "C"  buildings; 
provided  said  frame  is  tied  together  in  both  horizontal  direc- 
tions at  every  flour  and  roof  line  with  steel  or  reinforced 
concrete  ties,  struts  ",-  girders  spaced  no  ceed  twi 

feet    apart,    and    of    *-pans    nol    exceeding    twenty-five 
feet    between    walls    and    not    exceeding    twenty 
between  column-  and   walls  or  between   column 

Interior  columns  -hall  he  of  steel  ■■!  reinforced  con- 
creti  ind   struts   -hall   he   fire- 

proofed  a-  provided  for  ('lass  "A"  buildin 

Reinforced  concrete  ties  or  struts  shall  he  not  less  than 


532 

ten  inches  wide  and  the  depth  shall  be  not  less  than  that 
of  the  floor  joists.  The  area  of  steel  reinforcement  in  ties 
or  struts  shall  be  not  less  than  one  (1)  per  centum  of  the 
area  of  the  concrete,  in  cross-section,  and  the  reinforcement 
shall  be  rigidly  connected  to  the  wall  column  or  girder  rein- 
forcement. 

LIGHT,  AIR  AND  VENT  SHAFTS,  AND 
INTERIOR  COURTS. 

Sec.  384.  (a)  Walls  of  light,  air  and  vent  shafts, 
and  of  interior  courts,  of  a  greater  horizontal  area  than 
five  hundred  (500)  square  feet,  if  non-bearing,  shall  be  of 
masonry  not  less  than  eight  (8)  inches  thick  for  the  two 
upper  stories  thereof,  and  be  increased  four  (4)  inches  for 
each  three  stories  or  fraction  thereof  below  the  upper  two. 

(b)  Interior  light,  air  and  vent  shafts,  similar  shafts 
and  interior  courts,  five  hundred  (500)  feet  or  less  in 
horizontal  area,  if  not  constructed  as  per  sub-division  (a)  of 
this  section,  shall  be  enclosed  with  a  wall  constructed  of 
wood  studs,  covered  on  both  sides  with  metal  lathing  and 
plastered,  or  boarded  on  both  sides  and  the  boarding  cov- 
ered with  tin  or  galvanized  iron,  lock-jointed  and  put  on  as 
required  for  tinning  of  fire  doors. 

(c)  Door  openings  into  any  of  the  shafts  or  enclosures 
named  in  sub-division  (b)  of  this  section,  if  not  constructed 
entirely  of  metal  frame  and  wired  glass,  shall  be  covered 
on  the  shaft  side  with  metal  as  provided  in  sub-division  (b) 
of  this  section  for  lining  shaft  and  court  enclosures,  and  all 
window  openings  into  any  shaft  shall  be  closed  with  metal 
frames  and  wire  glass. 

(d)  All  enclosure  walls  shall  extend  not  less  than  three 
(3)   feet  above  the  roof,  or.  if  the  court  or  shaft  is  coveredr 
at    the   top    with    a   skylight,    shall    extend    at    least    two    (2) 
feet  above  the  roof. 

(e)  Courts  and  shafts  adjoining  the  inside  face  of 
exterior  walls  are  regarded  as  interior,  provided  the  exterior 


533 

wall   adjoining   same   shall   be   unbroken    by   openings,   or  it 
broken  bj    openings,  said  openings  shall  be  enclosed  l>\ 
inch   wire  glass  set   in  metal   sashes  and   metal   frames. 

FIRE  PROOFING 

Sec.  385.  All  girders  and  columns  supporting  ma- 
sonry,  except   columns   at    street    line,   shall   be    fire-proofed 

.i-  required  for  similar  members  oi   I  lass  "A"  buildings. 

BOND   IRON. 

Sec.  386.  Bond  iron  at  least  three  inches  by  one- 
quarter-inch  (3  inches  x  J^-inch)  shall  be  bedded  in  the 
center  of  the  wall  at  each  tier  of  floor  and  ceiling  joists 
and  run  around  the  entire  walls  of  the  building.  It  must 
be  lock-jointed  and  anchored  at  each  angle. 

Class    "C." 

PRi  A  ESN  »NS  RELATING  T<  I   MILL  O  >NS1  Rl  CTION 

BUILDINi  i 


MILL   O  INSTKIV'I  K  >.\. 

Sec.  387.  The  term  "Mill  Construction"  refers  spe- 
cifically to  the  construction  of  the  interior  frame  of  Class 
I        buildings. 

The  specific  requirement  of  mill  construction  is  that 
the  buildings  of  this  type  shall  be  built  without  concealed 
air  Spaces.  No  clause  shall  be  construed  to  render  void 
this    requirement. 

All  restriction-  of  Class  "C"  buildings  not  specifically 
excepted   herein   shall   apply   to  this  class  of  buildings. 

INSIDE  FR  \MI\-; 

Sec.  388.  Inside  loads  shall  be  supported  upon  a 
framing   of   wood   posts,    girders   and    beams,    none   of    which 


534 

shall  be  less  than  eight  inches  in  either  of  its  cross-dimen- 
sions. Wood  posts  shall  not  be  of  smaller  sectional  area 
than  100  square  inches,  nor  be  less  than  ten  inches  in  either 
dimension,  except  for  posts  in  the  top  story,  which  shall 
not  be  of  smaller  sectional  area  than  sixty-four  square  inches, 
nor  be  less  than  eight  inches  in  either  dimension.  All 
columns  shall  be  squared  at  right  angles  to  their  axis. 

Wood  posts  shall  have  cast  iron  or  steel  caps  or  boxes 
so  constructed  as  to  form  a  base  for  the  next  post  above. 
The  ends  of  the  girders  shall  be  secured  to  the  cap  or  box 
in  such  a  manner  as  to  be  self-releasing.  Other  timber 
details  shall  be  as  required  for  buildings  of  Class  "C". 

Cast  iron  columns  and  steel  columns,  girders  and  beams 
may  be  used  if  fire-proofed  and  constructed  as  required  for 
Class  "A".  All  steel  beams  or  girders  shall  be  at  least 
eight  inches  deep. 

FLOORS. 

Sec.  389.  The  lower  floor  may  be  of  concrete  if  built 
directly  on  the  ground. 

Wood  floors  shall  be  of  plank  not  less  than  three  inches 
in  thickness,  splined  or  tongued  and  grooved,  covered  with 
a  wearing  floor  of  boards  not  less  than  one  inch  thick  laid 
in  a  cross  wise  or  diagonal  direction,  tongued  and  grooved 
and  properly  nailed.  Between  the  wearing  floor  and  the 
planking  there  shall  be  placed  two  thicknesses  of  carefully 
laid  waterproof  material,  and  this  material  shall  be  flashed 
at  least  three  inches  around  all  walls,  posts,  columns  and 
openings  and  protected  with  mouldings  or  base. 

ROOFS. 

Sec.  390.  Roofs  shall  be  of  plank  not  less  than  three 
inches  in  thickness,  splined  or  tongued  and  grooved. 

PARTITIONS. 

Sec.  391.  All  partitions  separating  manufacturing:, 
store  or  merchandise  occupancies,  in   the  basement   and   first 


53S 

story,  and  in  the  second  story,  where  same  is  at  or  near 
the  level  of  a  street  from  which  it  has  an  entrance,  shall 
be  of  masonry  not  less  than  twelve  inches  thick,  but  it' 
non-bearing  may  be  not  less  than  eight   inches  thick. 

All  other  partitions  shall  be  either  masonry,  terra  cotta 
or  metal  lath  on  metal  studs;  except  they  may  be  entirely 
of  two  inch   tongued   and   grooved  plank. 

STAIRS. 

Sec.  392.  All  stairs  shall  be  enclosed  through  all 
floors  pierced,  the  enclosure  t"  lie  of  the  construction  re- 
quired for  partitions.  Doors  in  such  enclosure  shall  be  not 
less  than  two  (2)  inches  thick,  except  thai  if  the  enclosure 
1-  of  masonr)    doors  shall  be  standard   fire  doors. 

All  doors  shall  be  self-closing,  and  have  a  sill  rising 
at  leasl   two  (2)  inches. 

All  openings  in  doors,  and  all  openings  in  the  enclosure 
other  than  doors,  shall  be  closed  with  wire  glass  in  metal 
'-ames. 

PLASTERING. 

Sec.  393.  Masonr)  or  terra  cotta  walls  may  be  plas- 
tered directly  upon  their  surface,  or  upon  metal  lathing  on 
metal   furring. 

No  wood  furring  shall  be  used  and  no  plaster  shall 
be  applied  to  any  wood  or  wooden  lath. 

PROVISIONS   RELATING   TO   THE   CONSTRUl    [TON 

OF   [•'RAMI-    OR   WOODEN    BUILDINGS. 

EXPLANATION. 

Sec.  394.  A  frame  or  wooden  building  i-  a  building 
or  structure  whi  rior  walls,  or  a  portion   then 

constructed  of  wood.  Wooden  frame-,  or  frame  or  wo,  .den 
buildings    covered    with    metal,    plaster,    tiles    or    terra    cotta 


536 

or  veneered  with  masonry  shall  be  deemed  to  be  frame  or 
wooden  structures. 

No  frame  or  wooden  building  now  erected  within  the 
fire  limits  shall,  except  as  permitted  in  District  No.  2,  be 
repaired,  enlarged  or  built  upon,  and  in  no  case  without  a 
permit  from  the  inspector  of  buildings. 

Frame  or  wooden  buildings  shall  be  limited  to  a  height 
of  forty  (40)  feet. 

WALLS. 

Sec.  395.  The  walls  of  frame  or  wooden  buildings 
shall  be  constructed  with  studding,  covered  with  weather 
boarding  on  the  outside.  No  uncovered  studding  will  be 
allowed  against  the  wall  of  an  adjoining  building  or 
structure. 

THICKNESS  OF  FOUNDATION  WALLS. 

Sec.  396.  Brick  or  concrete  foundation  walls  for  frame 
or  wooden  buildings  one  and  two  stories  in  height,  used 
as  dwellings,  must  not  be  less  than  eight  (8)  inches  thick, 
and  not  over  four  (4)  feet  high.  When  the  foundation 
walls  are  more  than  four  (4)  feet  high  they  must  not  be  less 
than  thirteen   (13)   inches  thick. 

Foundation  walls  for  three-story  frame  or  wooden  build- 
ings shall  not  be  less  than  thirteen  (13)  inches  thick,  and 
for  buildings  over  three  stories  they  shall  not  be  less  than 
seventeen    (17)    inches  thick. 

When  foundation  walls  of  frame  or  wooden  buildings 
are  used  for  embankment  or  retaining  wall,  two  and  three 
story  buildings  with  basement  shall  have  foundation  or 
basement  walls  of  brick  or  concrete  not  less  than  thirteen 
(13)  inches  thick,  and  not  higher  than  eight  (8)  feet  from 
top  to  top  footing  to  bottom  of  first  floor  joists   (first  tier). 

If  a  deeper  basement  be  desired  the  walls  thereof  shall 
be   not    less   than    seventeen    (17)    inches   thick;    the    bottom 


537 

oi    looting  of  said  walls  shall  not  be  higher  than   ten 
feet  from  top  of  top  footing  to  under  side  of  first  story  floor 
joists,  and  the  footing  shall   have  a   spread  of  one-halt'   (^4) 
the  thickness  of  the  wall  resting  on  it. 

\\  lure   n    is  not  allowable  to  have  footings  on  the 
side   of   a   foundation    or   basement    wall,    the    footings    must 
extend  far  enough  on  the  inside  to  make  them  the  required 
width. 

SIZE  OF   STUDDING   FOR   EXTERIOR    WALLS   AX  I) 
BEARING  PARTITIONS. 

Sec.  397.  For  a  building  two  stories  or  less  in  height, 
except  factories,  mills  or  warehouses,  the  studding  for  the 
outside  walls  and  bearing  partition-  shall  not  be  less  than 
2x4  inches;  for  such  a  building  three  stories  in  height,  the 
studding  shall  not  be  less  than  3x4  inches,  to  the  bottom  of 
the  upper  floor  joists,  and  2x4  inches  for  tin-  remaii 
height. 

Where  the  bearing  partitions  are  less  than  twelve  (12) 
feet  apart,  the  studding  may  be  less  than  the  outside  walls. 
hut  never  less  than  2x4  inches.  Partitions  dividing  several 
stairways  and  sliding  doors  may  by  permission  of  the  inspec- 
tor of  buildings  be  less  than  3x4  inches. 

Studding  on  the  exterior  and  interior  walls  of  buildings 
shall  not  be  placed  more  than  sixteen  i  16)  inches  from 
centers. 

The    underpinning    of    buildings    shall    l>e    one    (1)    inch 
thicker    than    the    studding   of    the    story    immediately    above, 
and    said    studding    shall    nol    be   placed    more    than    siv 
(16)  inches  from  center-. 

DIVIDING    PARTITION'S;. 

Sec.  398.  Ml  dividing  partitions  between  buildings 
shall  be  close  boarded  from  the  lower  floors  to  the  ground, 
and   from    the   upper  ceiling  close   to  the  under   side   of  roof 


538 

boarding,  so  as  to  effectually  check  all  connection  from  one 
building  to  another.  The  distance  between  dividing  parti- 
tions shall  not  exceed  twenty-five  (25)   feet. 

Where  a  large  building  is  divided  into  tenements  the 
boarding  shall  be  applied  on  each  dividing  partition. 

FRAMING. 

Sec.  399.  When  stories  are  framed  separately,  each 
tier  of  studding  must  have  top  and  bottom  plates,  and  the 
top  plates  must  be  doubled ;  when  stories  are  not  framed 
separately,  proper  bridging  must  be  placed  behind  the 
ribbon  at  the  ceiling  line  and  on  top  of  the  joists  at  the 
floor  line.  Bridging  must  be  two  (2)  inches  thick  and  of 
the   full    width   of   the   studding  in   every   case. 

All  wood  beams  or  joists  shall  be  trimmed  away  at 
least  one  and  one-half  (1^4)  inches  from  all  flues  and 
chimneys,  whether  the  same  be  a  smoke,  air  or  any  other 
kind  of  a  chimney  or  flue. 

The  trimmer  beam  shall  not  be  less  than  eight  (8) 
inches  from  the  inside  face  of  a  flue,  and  four  (4)  inches 
from  the  outside  of  a  chimney  breast,  and  the  header  beam 
must  not  be  less  than  two  (2)  inches  from  the  outside  of 
the  brick  or  stone  work  of  the  same,  except  that  for 
the  smoke  flues  of  boilers  and  furnaces  where  the  brick 
work  is  required  to  be  eight  (8)  inches  in  thickness,  the 
trimmer  shall  not  be  less  than  twelve  (12)  inches  from  the 
inside  of  the  flue. 

All  openings  through  partitions  and  walls  shall  be 
trussed   or   provided   with   carrying  girders. 

BRIDGING. 

Sec.  400.  All  stud  walls,  or  partitions  hereafter  built, 
altered  or  repaired,  shall  have  one  row  of  bridging  for 
every  seven  feet  in  height  over  the  first  seven.  Said 
bridging  shall   in   all    cases   extend   to   the   lathing  or  sheath- 


539 

ing  so  as  to  prevent  the  passage  oi  fire  and  smoke,  and 
shall  be  the  same  thickness  as  the  studding.  All  outside 
walls  and  cross-partitions  shall  be  thoroughl}  angle-braced; 
all  joists  shall  have  solid  end  blocking.  All  buildings  over 
twenty-five  (25)  feet  in  width  -hall  have  a  row  of  solid 
blockm-  over  girder  or  partition  <>i  stairways.  \  row  of 
cross  bridging  at  least  two  (2)  inches  thick  must  be 
placed    between    the    floor    joists    at    least    every    eight    (8) 

FURRING. 

Sec.  401.  When  a  chimney  is  furred  out,  the  -pace 
between  the  chimney  and  the  breast  -hall  he  -.>  built  that 
the  passage  of  fire  and  smoke  shall  be  intercepted,  and 
wherever  cove  ceilings  are  used  they  -ball  be  solid  blocked 
between   the   studding   at    the   spring  of   the   cov 

BAY  WINDOWS. 

Sec.  402.  In  frame  or  wooden  buildings  the  space  be- 
tween bay,  oriel  or  -well  windows  -hall  not  be  less  than 
five  (5)  feet  in  width,  measwed  on  outside  of  building 
clear  of  finish:  provided,  that  in  buildings  built  en  lot-  having 
a  frontage  of  twenty-five  (25)  feet  or  less,  the  -pace  be 
tween  said  bay.  oriel  or  -well  windows  may  be  decreased, 
provided  the  studding  in  said  space  shall  be  increased  in 
thickness  so  a-  to  contain  the  same  amount  of  lumber 
as  would  be  contained  in  the  ftudding  of  the  pier-  in  the 
aforesaid    spaces   of   five    (5)    feet,   but    the  -hall    be 

at  least  two  (2)  feet  -i\  (6)  niche-  between  bays  in  any 
case. 

Such     window-     may     project     not     more     than     thirt  J 
inches   over    the    street    line,    measured    to    the    finish; 
they  must   nol   be  more  than  ten   (10)    feet    wide,  measured 
from    end    to    end,    and    the    fin'-h    of    their    soffits    must 
at  least  ten  the  sidewalk,  unless  the  window 

i-   entirely   back   of   the   street   line. 


540 

FRAME  FACTORIES  NOT  OVER  TWO   (2)   STORIES 

.  HIGH. 

Sec.  403.  The  height  of  frame  or  wooden  buildings  of 
two  stories  or  less,  used  or  intended  to  be  used  as  factories, 
shall  be  limited  to  thirty-five  (35)  feet,  and  their  exterior 
and  bearing  walls  shall  be  built  of  not  less  than  2x6  studs 
sixteen   (16)   inches  on  centers. 

FRAME    FACTORIES    OVER    TWO    STORIES    HIGH. 

Sec.  404.  All  frame  or  wooden  buildings  more  than 
two  (2)  stories  high,  used  or  intended  to  be  used  as 
factories,  shall  be  constructed  as  follows :  the  weights  of 
all  the  floors  shall  be  concentrated  at  certain  points,  and 
no  support  shall  rest  directly  upon  a  stud  wall,  but  all 
beams,  girders,  and  girders  supporting  floors  shall  rest 
directly  upon  posts.  Said  beams  and  girders,  supporting 
floors,  shall  not  be  more  than  nine  (9)  feet  apart :  upon  these 
shall  rest  the  floor,  which  shall  extend  from  one  girder  or 
beam  to  another,  and  shall  be  of  plank  not  less  than  three 
(3)   inches  thick,  laid  to  the  ends  of  the  timbers. 

The  filling  between  posts  and  walls  shall  be  built  of  not 
less  than  2x4-inch   studs,   16  inches   from   centers. 

GENERAL    PROVISIONS    RELATING    TO    CERTAIN 

BUILDINGS  DETERMINED  BY  THE  NATURE 

OF  THE  BUSINESS  CONDUCTED 

THEREIN. 

Sec.  405.  There  are  included  in  this  part  certain  pro- 
visions which  shall  act  as  additions  to  the  provisions  of 
this    ordinance    relating    to    the    construction    of    buildings. 

THEATRES. 

Sec.  406.  For  the  purposes  of  this  ordinance,  a 
theatre  is  a  building  which  contains  not  less  than  one 
hundred    (100)    seats    for   the    public    and    to    which    an    ad- 


541 

mission    fee    is    charged,    and    having    a    permanent     si 
upon     which     scenery    and    other    movable    appliances    are 
used. 

All   theatres  hereafter  constructed  shall   be  of  Class  "A" 
construction. 

The    following    special    provisions    shall    appl)     to    their 
construction,    in    addition    to    the    provisions    relating    gen 
erally  to  Class  "A"  buildings. 

PERMIT  T(  >  USE   BUILDING. 

Sec.  407.  Every  theatre  hereafter  erected,  to  be  used 
For  theatrical  or  operatic  purposes,  musl  be  constructed 
in  accordance  with  the  requirements  of  the  ordinance 
lating  to  Class  "A"  or  steel  Frame  construction.  No  build- 
ing which  at  the  time  of  the  passage  of  this  ordinance  is 
nol  m  actual  use  For  theatrical  or  operatic  purposes,  and 
no  building  hereafter  erected  not  in  conformit)  with  the 
requirements  of  this  ordinance,  shall  be  used  for  theatrical 
or  operatic  purposes,  until  the  same  shall  have  been  made 
to  conform  to  the  requirements  of  this  ordinance.  \ud 
no  building  herein  described  shall  be  opened  to  the  public 
for  operatic  or  theatrical  purposes  until  the  inspector  of 
buildings  and  the  chief  of  fire  department  have  approved 
the  same,  and  no  license  shall  be  issued  for  any  performance 
in  any  such  building  until  such  approval  shall  have  been 
■  ibtained. 

FR(  >NT  MiK  AND  C(  >URTS. 

Sec.  408.  Every  such  building  shall  have  at  leasl  one 
from  on  the  street,  and  in  such  from  there  shall  be  suit; 
means  of  entrance  and  exit  for  the  audience.  In  addition  to 
the  aforesaid  entrances  and  exits  on  the  streel  there  shall 
be  reserved  for  service  in  case  of  an  emergency,  an  open 
court  or  space  on  the  side  not  bordering  on  the  sheet, 
where   said    building   is    located   on    a   corner   lot,   and   on    both 

36 


542 

sides   of   said   building   where   there   is   but   one   frontage  on 

the  street.  In  the  case  of  a  one-story  building  having 
an  area  not  exceeding  4,000  square  feet  and  with  a  seating 
capacity  of  less  than  500  people,  a  court  five  (5)  feet 
wide  on  one  side  only  shall  be  required ;  provided,  that  all 
seats  shall  be  on  one  floor,  and  no  galleries  be  allowed  in 
such   building. 

In  all  other  theatres,  the  width  of  such  open  court  or 
courts  shall  not  be  less  than  seven  feet  where  the  seating 
capacity  is  not  over  1,000  people;  above  1,000  and  not  more 
than  1,800  people,  eight  feet  in  width  ;  and  above  1,800 
pei 'pie,  ten  feet  in  width.  Said  open  court  or  courts  shall  be- 
gin  on  a  line  with  or  near  the  proscenium  wall  and  shall 
extend  the  length  of  the  auditorium  proper,  to  or  near 
the  wall  separating  the  same  from  the  entrance  lobby 
or    vestibule. 

A  separate  corridor  shall  continue  to  the  street  from 
each  open  court,  through  such  superstructure  as  may 
be  built  on  the  street  side  of  the  auditorium,  with  continu- 
ous walls  of  brick  or  fireproof  materials  on  each  side  of  the 
entire  length  of  said  corridor  or  corridors,  and  the  ceiling 
and  floors  shall  be  fireproof.  Said  corridor  or  corridors 
shall  not  be  reduced  in  width,  by  more  than  three  feet, 
from  the  width  of  the  open  court  or  courts,  and  in  no 
case  shall  the  width  of  said  corridor  be  less  than  four 
(4)  feet,  and  there  shall  be  no  projection  in  the  same; 
the  outer  openings  to  be  provided  with  doors  or  gates  open- 
ing toward  the  street.  During  the  performance  the  doors 
or  gates  in  the  corridors  shall  be  kept  open  by  proper 
fastenings;  at  other  times  they  may  be  closed  and  fastened 
by  movable  bolts  or  locks.  The  said  open  courts  and 
corridors  shall  not  be  used  for  storage  purposes,  or  for 
any  purpose  whatsoever  except  for  exit  and  entrance  from 
and  to  the  auditorium  and  stage,  and  must  be  kept  free 
and    clear    during'   the    performance. 

The  level  of  said  corridors  and  courts  shall  be  graded 
to   the   sidewalk   and   flush   therewith   at    all   points   at   street 


543 

entrances.  The  entrance  of  the  main  from  of  the  building 
shall  not  be  on  a  lower  level  than  the  sidewalk,  and  shall 
not  be  on  a  higher  level'  from  tin-  sidewalk  than  six  (6) 
inches,  unless  approved  bj  the  inspector  of  buildings, 
overcome  any  differences  of  level  in  and  between  courts, 
corridors,  lobbies,  passages  and  aisles  on  the  ground  floor, 
gradients  shall  be  employed,  of  not  over  one  foot  rise  to 
ten  feel  horizontal   (1-10),  with  no  perpendicular  rises. 

EXITS    INTO   COURTTS. 

Sec.    409.      Opening    into    said    courts,    or    on    the    side 

t,  from  the  auditorium,  there  shall  be  not  less  than 
two  exits  ''ii  each  side  in  each  tier,  from  and  including 
the  parquet  and  from  .each  and  every  gallery.  Each  exil 
shall  be  at  least  five  feet  in  width  in  the  clear,  and  pro- 
vided   with    doors   of   iron    or    wood:    if   of   w I,    the   doors 

shall    be    metal    covered    and    >hall    be    constructed    as    de 
scribed  in  this  ordinance. 

All  of  said  doors  shall  open  outwardly  and  shall  be 
fastened  with  movable  bolts,  the  bolts  to  be  kept  drawn 
during  performances,  unless  a  device  satisfactory  to  the 
inspector  of  buildings  be  applied,  so  as  to  keep  the  same 
locked  from  without,  but  to  unlock  automatically  on  tin- 
application  of  pressure  from  within  ''ii  a  bar  forming  part 
of  the  door.  There  shall  be  balconies  not  less  than  four 
feet  wide  in  the  -aid  open  court  or  courts,  at  each  level  or 
tier  above  the  parquet,  on  each  side  of  the  auditorium,  of 
sufficient  length  t"  embrace  the  two  exits,  and  from  said 
balconies  there  shall  be  staircases  extending  t.>  the  ground 
level,  witli  a  rise  of  not  over  eight  and  one-half  (8yi) 
inches   to   a    step,  and    not    less   than    nin  inches   tread, 

exclusive  of  the   nosing 

The  staircases  from  the  upper  balconies  to  the  next 
below  shall  not  be  less  than  three  feet  in  width  in  the 
clear,  and  from  the  first  balcon)  t"  the  ^r.ptunl  three 
feet    in    width    in    the    clear,    where    the    seating    capacity    i- 


544 

for  500  people  or  less;  three  feet  and  six  inches  in  the 
clear  where  500  and  not  mure  than  900  people,  and  four 
feet  in  the  clear  where  over  900  people,  and  four  feet  six 
inches  in  the  clear  where  above  2,500  people.  Hand  rails 
shall  be  secured  to  the  walls,  three  inches  therefrom  and 
about  three  feet  above  the  centers  of  the  treads,  and  other 
hand  rails  shall  be  placed  on  the  outside  of  said  stair- 
cases, about  three  feet  above  the  centers  of  the  treads, 
and  secured  to  said  staircase  so  as  to  resist  a  pressure  oi 
100  pounds  per  linear  foot,  applied  horizontally  to  said 
rail. 

CONSTRUCTION  OF  BALCONIES  AND  STAIRWAYS. 

Sec.  410.  All  the  before  mentioned  balconies  and  stair- 
ways shall  be  constructed  of  iron  throughout,  including 
the  floors,  and  of  ample  strength  to  sustain  the  load  to  be 
carried  by  them,  and  they  shall  lie  covered  with  a  metal 
hood  or  awning,  to  be  constructed  in  such  manner  as  shall 
be  approved  by  the  inspector  of  buildings.  Where  one  side 
of  the  building  borders  on  the  street  there  shall  be  balconies 
and  stairways  of  like  capacity  and  kind,  as  before  mentioned, 
carried  to  the  ground. 

OTHER   USES   OF   BUILDING. 

Sec.  411.  When  the  theatre  is  located  on  a  corner 
lot,  that  portion  of  the  premises  bordering  on  the  street 
and  not  required  for  the  use  of  the  theatre  may.  if  such 
portion  be  not  more  than  twenty-five  feet  in  width,  be 
used  for  offices,  stores  or  apartments,  provided  the  walls 
separating  this  portion  from  the  theatre  proper  are  carried 
up  solidly  td  and  through  the  roof,  and  that  a  fireproof 
exit  is  provided  for  the  theatre  on  each  tier,  equal  to  the 
combined  width  of  exits  opening  on  open  courts  in  each  tier, 
communicating  with  balconies  and  staircases  leading  to  the 
street    in     manner    provided     elsewhere     in     this     ordinance: 


545 

said  exit  passages  shall  be  entirely  cut  off  b)  brick  walls 
from  said  offices,  stores  or  apartments,  and  the  floors  and 
ceilings  in  each   lii-r  shall   be   firepro 

i  (RDINARY    EXITS. 

Sec.  412.  Every  theatre  accommodating  250  persons 
shall  have  at  least  two  (2)  exits;  when  accommodating 
persons,  at  least  thru-  (3)  exits  shall  be  provided;  these 
exits  no1  referring  to  nor  including  the  exits  to  the  open 
court  at  tin-  -tilr  of  the  theatre.  Doorways  of  exit  or 
entrance  for  the  use  of  the  public  shall  not  be  less  than 
five  feet  in  width,  and  for  every  additional  KX>  persons  or 
portion  thereof  to  be  accommodated  in  excess  of  500  an 
aggregate  of  20  inches  additional  exit  width  must  be 
allow  id. 

All  doors  of  exits  or  entrances  shall  open  outwardly,  and 
be  hung  to  swing  in  such  manner  as  nol  to  become  an 
obstruction  in  a  passage  or  corridor,  and  no  such  doors  shall 
be  closed  or  looked  during  any  representation,  or  when 
the  building  is  open  to  the  public,  unless  locked  by  self 
unlocking  system.  Distinct  and  separate  places  of  exit 
and  entrance  shall  be  provided  for  each  gallery  above  the 
first.  A  common  place  of  exit  and  entrance  may  serve  for 
the  main  floor  of  the  auditorium  and  the  firsl  gallery, 
provided  its  capacit)  be  equal  to  the  aggregate  capacity  ol 
the  outlets    from    the    main    floor   and    the   said    gallery. 

No  passage  leading  to  am  stairway  communicating 
with  any  entrance  or  exit  shall  be  less  than  four  feet  in 
width   in   any   part    thereof. 

F(  >YERS,  LOBBIES,   I    !  i 

Sec.    413.     The   aggregate   capacity   of    the    foyers,    lob- 
bies,   corridors,    passages    and    rooms    for    the    use    of    the 
audience,  not   including  aisle  -pace,  between   seats,   ■-hall  on 
floor   or    gallery,    be    sufficient    t"    contain    the    entire 


546 

number  to  be  accommodated  on  said  floor  or  gallery  in  the 
ratio  of  150  superficial  feet  of  floor  room  for  every  100 
persons. 

Gradients  or  inclined  planes  shall  be  employed  instead 
of  steps,  where  possible,  to  overcome  slight  differences  of 
level  in  or  between  the  aisles,  corridors  and  passages. 

AISLES  AND  SEATS. 

Sec.  414.  All  aisles  on  the  respective  floors  in  the 
auditorium  having  seats  on  both  sides  of  the  same  shall  not 
be  less  than  three  feet  wide  where  they  begin  and  shall  be 
increased  in  width  toward  the  exits  in  ratio  of  one  and  one- 
half  inches  to  five  running  feet.  Aisles,  having  seats  on 
one  side  only,  shall  not  be  less  than  two  feet  wide  at  their 
beginning  and  increased  in  width  one  and  one-half  inches 
in  ten  running  feet.  All  seats  in  the  auditorium,  except- 
ing those  contained  in  boxes,  shall  not  be  less  than  32 
inches  from  back  to  back,  measured  in  a  horizontal  direc- 
tion, and  firmly  secured  to  the  floor.  No  seat  in  the 
auditorium  shall  have  more  than  six  seats  intervening 
between  it  and  an  aisle.  No  stool  nor  seat  shall  be  placed 
in  any  aisle. 

All  platforms  in  galleries  formed  to  receive  seats 
shall  be  not  more  than  21  inches  in  height  of  rise  nor  less 
than  32  inches  in  width  of  .platform.  The  maximum 
number  of  movable  seats  or  chairs  in  boxes  shall  be 
eight. 

In  boxes  containing  a  greater  number  of  seats  the  seats 
shall  be  fastened   to  the  floor. 

GALLERY    FRONTS,    PARTITIONS     WD    CEILINGS. 

Sec.  415.  The  fronts  of  each  gallery  shall  be  formed  of 
fireproof  materials,  except  the  capping,  which  may  be  made 
of  wood.  The  ceiling  under  each  gallery  shall  be  entirely 
formed  of  fireproof  materials.     The  ceilings  of  the  auditorium 


547 

shall  be  formed  of  fireproof  materials.    All  lathing,  whem 
used,  shall  be  of  metal.    The  partitions  in  thai  portion  of  the 

building  which  contains  the  auditorium,  the  entrance  ami 
the  vestibule  and  every  room  and  passage  devoted  to  the 
use  of  the  audience  shall  be  constructed  of  fireproof  materials, 
including  the   furring  of  outside  of  other  walls. 

None  of  the  walls  or  ceilings  shall  be  covered  with 
wood  sheathing,  canvas  or  any  other  combustible  material. 
Bui  this  shall  not  exclude  the  use  of  wood  wainscoting  to 
a  height  not  to  exceed  six  feet,  which  shall  be  filled  in 
solid  between  the  wainscoting  and  the  wall  with  fireprooi 
materials. 

[NSIDd     STAIRWAYS. 

Sec.  416.  All  stairs  within  the  buildings  shall  be 
constructed  of  fireproof  materials  throughout.  Stairs  from 
balconies  and  galleries  shall  not  communicate  with  the 
basement  or  cellar.  All  stairs  shall  have  treads  of  uniform 
width  and  riser  of  uniform  height  throughout  in  each 
flight.  Stairways  serving  for  the  exit  of  50  people  shall 
be  at  leasl  four  feet  wide  between  railings,  or  be' 
walls,  and  for  every  additional  50  people  to  be  accommodated 
six  inches  must  be  added  to  their  width.  The  width  of 
all  -tairs  -hall  be  measured  in  the  clear  between  hand  rails. 
In    no   case    shall    the   riser  of   any   stairs    exceed    seven   and 

half  indies  high,  nor  shall  the  tread-,  exclusive  of 
nosings,  be  less  than  ten  and  one  half  inches  wide  in 
straight   stairs. 

No  circular  or  winding  stairs  for  the  use  of  the  public 
shall  be  permitted.  Where  the  seating  capacit)  is  fot 
than  1.000  people  there  shall  be  at  leasl  two  independ- 
ent staircases,  with  direct  exterior  outlet-  provided  for 
each  gallery  in  the  auditorium,  where  there  are  not  more 
than  two  galleries,  and  the  same  -hall  be  located  on  opposite 
side-  of  said  galleries.  Where  there  an-  more  than  two 
galleries,    one    or    more    additional    staircases    -hall    be    pro- 


548 

vided,  the  outlets  from  which  shall  communicate  directly 
with  the  principal  exit  or  other  exterior  outlets.  All  said 
staircases  shall  be  of  width  proportionate  to  the  seating 
capacity    as    elsewhere    herein    prescribed. 

Where  the  seating-  capacity  is  for  1,000  people,  or  less. 
two  direct  lines  of  staircases  only  shall  be  required,  located 
on  opposite  sides  of  the  galleries,  and  in  both  cases  shall 
extend  from  the  sidewalk  level  to  the  upper  gallery,  with 
outlets  from   each   gallery   to  each   of   said   staircases. 

At  least  two  independent  stairways,  with  direct  ex- 
terior outlets,  shall  also  be  provided  for  the  service  of 
the  stage  and  shall  be  located  on  the  opposite  sides  of 
the    same. 

All  inside  stairways  leading  to  the  upper  galleries  of 
the  auditorium  shall  be  enclosed  on  both  sides  with  walls 
of  fireproof  materials.  Stairs  leading  to  the  first  or  lower 
gallery  may  be  left  open  on  one  side,  in  which  case  they 
shall  he  constructed  as  herein  provided  for  similar  stairs 
leading  from  the  entrance  hall  to  the  main  floor  of  the 
auditorium.  But  in  no  case  shall  stairs  leading  to  anv 
gallery   he   left   open  on   both   sides. 

When  straight  stairs  return  directly  on  themselves  a 
landing  of  the  full  width  of  both  flights,  without  any  steps 
shall  he  provided.  The  outline  of  the  landing  shall  be 
curved  to  a  radius  of  not  less  than  two  feet  to  avoid  square 
angles.  Stairs  turning  at  an  angle  shall  have  a  proper 
landing  without  winders  introduced  at  said  turn.  In  stairs, 
when  two  flights  connect  with  one  main  flight,  no  winders 
shall  he  introduced,  and  the  width  of  the  main  flight  shall 
he  at  least  equal  to  the  aggregate  width  of  the  side  flights. 
All  stairs  shall  have  proper  landings  introduced  at  convenient 
distances. 

All  enclosed  staircases  shall  have  on  both  sides  strong 
hand  rails  firmly  secured  to  the  walls  about  three  inches 
distanl  therefrom,  and  three  feet  above  the  stairs,  but  said 
hand    rails    shall    not    run    on    level    platforms    and    landings 


549 

when    the   same   arc   more   in    width    than    the   length  of   the 
stairs. 

Ml  staircases  eight  feet  and  over  in  width  shall  be 
provided  with  a  center  hand  rail  of  metal  not  less  than 
two  inches  in  diameter,  placed  at  a  height  of  about  three 
Eee1  above  the  center  of  the  treads,  and  supported  on  wrought 
metal  or  brass  standards  of  sufficient  strength,  placed  not 
nearer  than  four  feet,  nor  more  than  six  feel  apart,  and. 
securel)  bolted  to  the  treads  or  rises  of  stairs,  or  both, 
and  at  the  head  of  each  flight  of  stairs,  <>n  each  landing, 
the  post-  or  standards  shall  be  at  least  six  feet  in  height,  to 
which  the  rail  shall  be  secured. 

[NTERIOF    WALLS. 

Sec.  417.  Interior  walls  built  of  fireproof  materials 
shall  separate  the  auditorium  from  the  entrance  vestibule, 
and  from  am  room  or  rooms  over  the  same;  also  from  an) 
lobbies,  corridors,  refreshment  or  other  rooms.  All  stair 
es  for  the  use  of  the  audience  shall  be  enclosed  with 
walls  of  brick  or  of  fireproof  material-  approved  by  the 
inspector  of  buildings.  The  openings  to  said  staircases 
from   each  tier  shall  be  full    width  of   said   staircases. 

\'o  door  shall  open  immediatelj  upon  a  flight  oi 
stairs,  but  a  landing  at  least  the  width  of  the  door  shall 
be    provided    between    such    stair-    and    such    floor. 

PRi  (SCENIUM     WALL. 

Sec.  418.  A  fire  wall  shall  separate  the  auditorium 
from  the  Stage,  and  the  same  -hall  extend  at  least  four 
feet  above  the  stage  roof,  or  the  auditorium  roof,  if  the 
latter   lie   the   higher,   and   shall    be   coped. 

Above  the  proscenium  opening  there  -hall  be  a  -teel 
or  reinforced  concrete  girder  resting  upon  steel  or  concrete 
columns  extending  to  foundation-  and  of  sufficient  strength 
to    support     -afely     the    load    above,    and     when    of    -teel     the 


550 

same  shall  be  covered  with  fireproof  materials  to  protect  it 
from  heat.  Should  there  be  constructed  an  orchestra  over 
the  stage,  over  the  proscenium  opening,  the  said  orchestra 
shall  be  placed  on  the  auditorium  side  of  the  fire  wall 
and  shall  be  entered  only  from  the  auditorium  side  of  said 
fire  wall.  The  molded  frame  around  the  proscenium  open- 
ing shall  be  formed  entirely  of  fireproof  materials.  If 
metal  be  used  said  metal  shall  be  filled  in  solid  with 
non-combustible  material  and  securely  anchored  to  the 
wall  with  iron. 

The  proscenium  opening  shall  be  provided  with  a  fire- 
proof curtain  of  asbestos  or  other  fireproof  material  approved 
by  the  inspector  of  buildings,  sliding  at  each  end  within 
iron  grooves  securely  fastened  to  the  brick  wall  and  ex- 
tending into  such  iron  grooves  to  a  depth  of  not  less  than  six 
inches  on  each  side  of  the  opening. 

Said  curtain  to  be  suspended  or  hung  by  steel  cables 
passing  over  wrought-iron  or  steel  sheaves  supported  by 
wrought-iron  brackets  of  sufficient  strength  and  well  braced ; 
the  brackets  to  be  securely  attached  to  the  proscenium  wall 
by  through  bolts  with  nuts  and  washers  on  the  opposite 
side  of  the   wall. 

Said  fireproof  curtain  shall  be  raised  at  the  commence- 
ment of  each  performance,  and  lowered  at  the  close  of  each 
act  of  said  performance,  and  be  operated  by  approved  ma- 
chinery for  that  purpose.  Proscenium  curtains  shall  be 
placed  at  least  three  (3)  feet  distant  from  the  footlights  at 
the  nearest  point. 

No  doorway  or  opening  through  the  proscenium  wall, 
from  the  auditorium,  shall  be  allowed  above  the  level  of 
the  first  floor,  and  any  authorized  openings  shall  have 
standard  fire  doors  on  each  face  of  the  walls,  and  the  doors 
•=.hall  be  hung  so  as  to  open  from  either  side  at  all  times. 


551 

DRESSING   ROOMS. 

Sec.  419.  All  shelving  and  cupboards  in  each  and  every 
dressing  room,  property  room  or  other  storage  room,  shall 
be  constructed  of  metal,  slate  or  some  fireproof  material. 
Dressing  rooms  may  be  placed  in  the  fly  galleries,  provided 
that  proper  exits  are  secured  therefrom  to  the  fire  escapes 
in  the  open  court,  and  thai  the  partitions  and  other  matters 
pertaining  to  dressing  rooms  shall  conform  to  the  require- 
ments herein  contained,  but  the  stairs  leading  to  the  same 
shall  be  fireproof.  The  dressing  rooms  shall  have  an 
independent  exit  leading  directly  into  a  court  or  street, 
and  shall  be  ventilated  by  windows  in  the  external  wall, 
and  no  dressing  room  shall  be  more  than  ten  feet  below 
street  level. 

WINDOWS. 

Sec.  420.  All  windows  shall  he  arranged  to  open,  and 
none  of  the  windows  in  outside  walls  shall  have  fixed  sashes, 
iron  grills  or  bars. 

STAGE   FLOORS. 

Sec.  421.  All  that  portion  of  the  stage  not  comprised 
in  the  working  of  scenery,  traps  and  other  mechanical 
apparatus,  for  the  presentation  of  a  scene,  usually  equal 
to  the  width  of  the  proscenium  opening,  -hall  he  of  Class 
"  \"   construction. 

FLY  GALLERIES. 

Sec.    422.      The    fly    galleries   entire,    including   pin    rails, 
shall   he  constructed  of  iron   or  Steel,   and   the   floors 
galleries    shall    be    composed    of    iron    or    steel    beam-    filled 
with    fireproof   materials,   and    no   wood   boards   nor   slee] 
shall   be   used   a-   coverings   over   beams,  but   the   said    t' 
shall    be    entirely    fireproof.      The    rigging    loft    shall    he    fire- 
proof.     All  nery,    curtains    and    decorations    made 


552 

of  combustible  material  shall  be  painted  or  saturated  with 
some  approved  non-combustible  material,  or  otherwise  ren- 
dered safe  against  fire,  and  the  finishing  coat  of  paint  applied 
to  all  woodwork  shall  be  of  such  kind  as  to  resist  fire,  to 
the    satisfaction   of   the   inspector  of  buildings. 

Fireproofed  wood  may  be  used,  if  satisfactory  to  the 
inspector  of  buildings. 

Fly  galleries  shall  rest  upon  columns  extending  to  the 
basement. 

FIRE   PROTECTION. 

Sec.  423.  Standpipes.  Standpipes,  four  (4)  inches 
in  diameter,  shall  be  provided,  with  hose  attachments  on 
every  floor  and  the  gallery  as  follows,  namely:  One  on 
each  side  of  the  auditorium  in  each  tier,  one  on  each  side 
of  the  stage  in  each  tier,  and  at  least  one  in  the  property 
room  and  one  in  the  carpenter  shop,  if  the  same  he  con- 
tiguous to  the  building. 

Said  standpipes  shall  be  separate  ami  distinct,  and  be 
supplied  with  water  direct  from  the  city  street  mains.  They 
shall  be  fitted  with  regulation  couplings  of  the  fire  depart- 
ment, shall  be  kept  filled  with  water  under  pressure  at  all 
times,  and  shall  he  kept  clear  from  obstructions. 

Sec.  424.  Hose.  A  proper  and  sufficient  quantity  of  two 
and  one-half-inch  hose,  not  less  than  one  hundred  ( 100)  feet, 
fitted  with  the  regulation  couplings  of  the  fire  department 
and  with  nozzles  attached  thereto,  and  with  hose  spanners 
at  each  outlet,  shall  always  he  kept  attached  to  each  hose 
attachment,   as   the   chief   of   the   fire   department    may    direct. 

Sec.  425.  Automatic  Sprinklers.  A  separate  and  distinct 
system  of  automatic  sprinklers  with  fusible  plugs  shall  be 
installed  throughout  the  stage  portion,  and  shall  have  an 
independent  water  supply  which  may  consist  of  any  two 
of  the   following: 


553 

(1)  Gravity  tank  of  not  less  than  ten  thousand  gal- 
lons capacity,  and  elevated  not  less  than  twenty  feel  above 
the   highest    sprinkler. 

Approved  steel  pressure  tank  of  not  less  than 
seven  thousand  five  hundred  gallons  capacity,  located  not 
lower'than   the  highesl   line  of  sprinklers. 

(3)      Direct   supply   from   the  city   water  mains. 

In  addition  to  the  above  required  supplies,  there  shall 
be  a  Siamese  steamer  connection  placed  on  the  outside  of 
the  building,  at  each  streel  front,  with  suitable  iron  plate. 
with  raised  letter-,  securely  attached  to  the  wall  near 
steamer    connection,    reading    "Stage    Sprinklers." 

Automatic     sprinklers     shall     also    be    placed     wherever 

practicable   in   the   dressing   rooms,   under   the   stage   and   in 

the  carpenter   shop,   paint    rooms,   store   rooms   and   property 

ms,  and  'in   the  auditorium   side  of  the  proscenium   arch. 

There  shall  l>e  kept  at  least  four  (4)  axes,  two  twenty- 
five  1 25  I  foot  hooks,  two  fifteen  (15)  foot  honks  and  two 
ten  i  Km  fool  hooks  on  each  tier  or  floor  of  the  stage,  all 
of    which    -hall    be    painted    red. 

There  shall  also  be  provided  such  number  of  fire  tx 
tinguishi  -hall    be    satisfactory    to    the    chief    of    the 

fire  department. 

LIGHTS. 

Sec.  426.  Ever)  portion  of  the  building  devoted  to 
the  use  of  the  public,  also  all  outlet-  leading  to  the  streets 
and  including  the  open  court-  and  corridors,  shall  he  well 
and  properly  lighted  with  electricit)  during  every  per- 
formance, and  shall  remain  lighted  until  the  entire  audience 
has    left    the    pr.  All    of    said    lights    in    any    part    of 

said   building  used   by   the   audience,   except    the   auditorium. 
must    be   controlled    by    a    separate    shut-off    located    in    the 


554 

lobby  and  controlled  only  in  that  particular  place.  Gas 
mains  supplying-  the  building  shall  have  independent  con- 
nections for  the  work  shops,  fly  galleries  and  stage,  and 
provision  shall  be  made  for  shutting  off  the  gas  from  the  out- 
side of  the  building. 

All  lights  in  passages  and  corridors  in  said  building, 
whenever  deemed  necessary  by  the  inspector  of  buildings, 
shall  be  protected  with  proper  wire  network.  All  border 
lights  shall  be  constructed  according  to  the  best  known 
methods  and  subject  to  the  approval  of  the  inspector  of 
buildings,  and  shall  be  suspended  for  ten  feet  by  wire 
rope. 

All  ducts  or  shafts  used  for  conducting  heated  air 
from  the  main  chandeliers  or  from  any  other  light  or  lights 
shall  be  constructed  of  metal  and  made  double,  with  an 
air    space    between. 

LIGHTS  AT   EXITS. 

Sec.  427.  At  each  and  every  exit  in  any  theatre  there 
shall  be  placed  and  maintained  an  electric  light,  upon  an 
independent  supply,  satisfactory  to  the  inspector  of  buildings. 
Said  light  shall  be  lighted  prior  to  the  opening  of  the  doors 
of  said  theatre,  and  shall  be  kept  lighted  until  the  audience 
shall  have  departed  from  the  premises;  and  there  shall  be 
inscribed  upon  said  lamp  or  lamps  the  word  "EXIT'"  in  dis-  ' 
tinctly  visible  letters  not  less  than  four  (4)   inches  high. 

VENTILATION    OF   THE   STAGE. 

Sec.  428.  There  shall  be  provided  in  the  roof  of  that 
portion  of  the  building  over  the  stage,  smoke  vent  openings, 
the  total  net  area  of  which  shall  be  one-tenth  of  the  area 
of  the  stage  included  between  the  three  outer  walls  of  the 
building   and    the   proscenium    wall. 

No  single  opening  shall  be  of  an  area  less  than  one- 
fifth  of  the  total  required  area.     These  smoke  vent  openings 


555 

shall  be  closed  by  shutters  so  constructed  thai  they  will 
open  bj  their  own  weight.  They  shall  be  held  in  place  b) 
cords  or   ropes  extending   to   and   controlled    from   the   open 

-tagc  \s  a  part  of  each  rope  operating  each  shutter  there 
shall  be  included  two  fusible  links  designed  to  Open  at 
160   degrees    Fahrenheit. 

All  parts  of  shutters  and  frame  shall  be  incombustible 
materials.  Glass,  if  used  shall  be  plain  glass.  Shutters' 
may  be  of  two  types.  If  shutters  occupying  a  vert 
position  when  closed  are  used,  they  shall  be  hinged  at  the 
bottom  and  provided  with  a  metal  weight  which  shall  cause 
them  to  open  outward.  This  weight  shall  he  so  placed  that 
the  shutter  is  held  in  a  closed  position  by  the  rope  and 
on  release  of  the  rope  the  shutter  will  open  its  full  width. 
If  shutters  built  on  the  incline  of  the  roof  are  used  they 
shall  be  arranged  to  rest  and  travel  on  roller--.  I'hey  shall 
be  so  built  that  they  will  open  by  their  own  weight  and 
shall  be  held  in  a  closed  position  by  the  rope. 

These  shutters  shall  be  opened  at  least  once  a  week  or 
more   often    if   required    by    the    Eire    department. 

No  fastening  or  other  device  for  holding  the  shuttei 
the    smoke    vent    openings    in    a    closed    position,    other    than 
the    ropes    with    fusible   links   shall    be   attached   to   any    such 
-butter. 

No  obstruction  of  any  kind  shall  be  placed  in  the  way 
of  a  complete  draft  from  the  stage  to  the  -moke  vent  open- 
ings except  that  required  for  the  operation  of  the  scenery. 
No  flooring  shall  be  placed  on  the  girdiron,  but  it>  entire 
surface  shall  be  open. 

STEAM  BOILERS  AND  HEATING  APPLIANCES. 

Sec.  429.  Ever)  steam  boiler  which  may  be  required 
for  heating  or  other  purposes  shall  be  located  outside 
the  building,  and  the  space  allotted  to  the  same  shall  be 
enclosed  by  walls  of  masonry  on  all  side-,  and  the  floor 
and   ceiling  of   such   space   shall    be   constructed    of   fire; 


556 

material.      All    doorways    in    said    walls    shall    have    standard 
fire  doors.     No  floor  register  for  heating  shall  be  permitted. 

COILS,    RADIATORS,   LOCATION. 

Sec.  430.  No  coil  or  radiator  shall  be  placed  in  any 
aisle  or  passageway  used  as  an  exit,  but  all  said  coils  and 
radiators  shall  be  placed  in  recesses  formed  in  the  wall  or 
partitions  to  receive  the  same,  or  may  be  suspended  on 
the  walls  at  least  six  feet  six  inches  above  the  floor;  provided, 
all  supply  return  or  exhaust  pipes  are  recessed  in  the  walls. 
All  supply,  return  or  exhaust  pipes  shall  be  properly  incased 
and  protected  where  passing  through  floors  or  near  wood- 
work.    Cas   heaters   shall   not   be   used    for  heating  purposes. 

WORK  SHOP,  STORAGE  ROOM,  PROPERTY  ROOMS. 

Sec.  431.  No  work  shop,  storage  or  general  property 
rooms  shall  be  allowed  on  the  auditorium  side  of  the  pro- 
scenium wall,  nor  above  or  under  the  stage,  nor  in  any  of 
the  fly  galleries.  All  of  said  rooms  or  shops  may  be 
located  in  the  rear  or  at  the  side  of  the  stage,  but  in 
such  cases  they  shall  be  separated  from  the  stage  by  a 
brick  wall  and  the  openings  leading  into  such  portions  shall 
have  standard  fire  doors  on  each  side  of  the  openings, 
hung   to    iron    eyes    built    in    the    wall. 

RESTRICTIONS    AS    TO    USE    OF    BUILDING. 

Sec.  432.  No  portion  of  any  building  hereafter  erected 
or  altered,  used  or  intended  to  be  used  for  theatricn1  or 
other  purposes,  as  in  this  section  specified,  shall  be  occupied 
or  used  as  a  hotel,  boarding  or  lodging  house,  factory, 
work  shop  or  manufactory,  or  for  storage  purposes,  except 
as  may  hereafter  be  specially  provided  for.  Said  restriction 
relates  not  onlv  to  that  portion  of  the  building  which  con- 
tains the  auditorium   and  the  stage,  but   applies   also  to   the 


557 

entire  structure  in  conjunction  therewith.  Stores  or  shops 
for  tin'  sale  of  goods  shall  be  permitted  on  the  ground 
floor.  No  store  or  room  contained  in  the  building  nor  the 
offices,  stores  or  apartments  adjoining  as  aforesaid,  shall 
be  lei  or  used  for  carrying  on  any  business  dealing  in 
articles  especially  hazardous,  nor  for  manufacturing  pur- 
poses. No  lodging  accommodations  shall  be  allowed  in  any 
part  of  the  building  communicating  with  auditorium. 

EXISTING  BUILDINGS. 

Sec.  433.     All  existing  theatres  shall  be  made  to  comply 

with  the  provisions  of  this  ordinance,  to  such  extent  as  may 

be  deemed  necessary  and  practical  by  the  board  of  com- 
missioners. 

DIAGRAM    (  >F    THE  VTRE    I  )\    PRi  >GF  \M. 

Sec.   434.     A    diagram   or   plan   <>i   each    theatre,   gallery 
it  floor  showing  distinctly  the  exit-  therefrom,  each  occup) 
ing   a    space    not    less    than    fifteen    square   inches,    shall    be 
printed   in   black   lines   in   a   legible   manner  en    the   program 
of  tlte  performance. 

FIRE   ALARMS. 

Sec.  435.     '[here  shall  be  a  fire  alarm  directly  conne 
with  the  fire  department  in  all  theatres,  moving  picture  build- 
ings,   and    all    place-    of    public    assemblage    with    a    seating 
capacity   of  over  four  hundred. 

RIGHT    OF     ENTRY     BY    AUTHORITIES. 

Sec.  436.  The  mayor,  the  members  of  the  board  of 
commissioners,  the  inspector  of  buildings,  the  electrical  in- 
spectors, the  chief  of  the  fire  department  and  the  chief 
of     the     police     department     shall     have     the     rigl  'iter 

36 


558 

at  anv  time  on  official  business  any  building  used  for 
theatrical  or  operatic  purposes  or  for  public  entertainments 
of   any   kind. 

FIRE  DEPARTMENT  TO  CONTROL  FIRE 
APPARATUS. 

Sec.  437.  The  standpipes,  gas  pipes,  electric  wires, 
hose,  footlights  and  all  apparatus  for  the  extinguishment 
of  fire,  or  guarding  against  the  same,  as  in  this  ordinance 
specified,  shall  be  in  charge  and  under  the  control  of  the 
fire    department. 

FIRE    DEPARTMENT    DETAIL. 

Sec.  438.  The  chief  of  the  fire  department  is  hereby 
directed  to  detail  one  experienced  member  of  the  fire  de- 
partment for  service  at  each  and  every  building  used  for 
theatrical  or  operatic  purposes  to  be  present  on  the  stage 
of  each  building  during  the  progress  of  each  and  every 
performance    held    therein. 

SPECIAL    PROVISIONS   RELATING   TO    PLACES    OF 

AMUSEMENT  WHEREIN   MOVING   PICTURE 

EXHIBITIONS  ARE   GIVEN. 

Sec.  439.  All  places  of  amusement  to  be  constructed, 
erected  or  altered  wherein  moving  pictures  are  exhibited 
for  public  entertainment,  and  where  an  admission  fee  is 
charged,  having  a  seating  capacity  of  400  or  more  persons, 
shall  be  built  and  constructed  to  conform  to  all  laws,  condi- 
tions and  requirements  now  existing  or  hereafter  to  come 
in  force  and  effect  relating  to  theatres  and  places  where 
theatrical  or  operatic  performances  are  given. 

All  such  places  of  amusement  hereafter  to  be  constructed, 
erected  or  altered,  wherein  moving  pictures  are  exhibited 
for  public  entertainment,  and  where  an  admission  fee  is 
charged,  having  a  seating  capacity  of  less  than  400  persons, 


5S9 

shall  be  built  and  constructed  in  accordance  with  the 
m^   laws,  conditions  and   requirements,   to   wit: 

A.  All  such  places  of  amusement  in  the  fire  limit - 
must  be  and  shall  only  be  contained  in  Class  "A."  Class 
"B,"  or  Class  "C"  buildings. 

All    such    places    of    amusement    not    contained    in    I 
"A"    or    Class    "B"    buildings    must    have    their    interior    en- 
tirely    and     throughout     lined     with     sheet     metal,    or     metal 
lathed  ami  plastered.      Brick,  tile  or  concrete   walls  need   ii"t 
be   lathed   or   plastered. 

1'..  All  aisles  in  the  auditorium  having  seats  on  both 
.side-  of  the  same  shall  be  not  less  than  3y£  feel  in  width 
when  the  aisles  are  60  feet  or  less  in  length  and  nol  less 
than  l  feet  m  width  when  the  aisles  are  more  than  60 
feet  in  length.  Aisles  having  seats  on  our  side  only  shall 
be  not  less  than  _''_■  feet  in  width  when  the  aisles  are  60 
feet  or  less  in  length,  and  not  less  than  3  feel  in  width  when 
the  aisles  are  more  than  60  feet   in  length. 

All  s,at>  m  the  auditorium  shall  not  be  less  than 
J1'  inches  from  back  to  back,  measured  in  a  horizontal  d 
lion,  and  firmly  secured  to  the  floor.  No  seat  in  the  audi- 
torium shall  have  more  than  6  seats  intervening  between  it 
and  an  aisle.  No  seat  nor  stool  shall  be  placed  in  any 
aisle. 

I  i  \11  such  places  of  amusement  having  a  seating 
capacity  of  300  or  more  persons  shall  be  equipped  with  at 
least  "iu-  1       inch  galvanized  standpipe  in  the  middh 

wall    of    the    auditorium.      Said    standpipe    shall    ha\ 
inch   direct    connection    with   the   street    main.     Attached 

ud    standpipe    there    shall    be    fifty    feet    of    l'_.-mch    1 
and  at  the  end  of  such  hose  shall  be  a  five-eighths-inch  play 
pipe. 

E       In   all   such   places   of  amusement   of   whatever 
ing    capacity,    two    buckets,    each    containing     .it     all     ti 


560 

not  less  than  three  gallons  of  water,  must  be  kept  with 
two  fire  extinguishers  immediately  outside  the  operator's 
booth,  or  moving  picture  box,  and  said  buckets  and  fire 
extinguishers  shall  be  ready  for  service  at  all  times. 

F.  All  theatres  and  other  public  places  of  amusement 
used  for  the  exhibition  of,  or  where  moving  pictures  are  dis- 
played shall  place  and  operate  the  projecting  or  picture 
machine  in  an  enclosure  or  booth  made  of  suitable  fireproof 
material  having  a  mechanical  and  fire  resistance  equal  to  No. 
19  gauge  sheet  iron,  covered  with  one-eighth  inch  sheet  as- 
bestos ;  said  enclsoure  shall  be  thoroughly  ventilated  and 
large  enough  for  operator  to  walk  freely  on  either  side  or 
back  of  machine. 

Top  and  bottom  reels  must  be  used  with  all  projecting 
or  picture  machines,  and  must  be  encased  in  fireproof  mag- 
azines constructed  without  solder,  with  apertures  only  large 
enough  for  film  to  pass  through  freely.  All  reels  and  films 
not  actually  in  use  must  be  kept  outside  the  booth  in  a  steel 
box  constructed  without  solder,  having  a  tight  fitting  cover. 
A  three  gallon  chemical  fire  extinguisher  must  be  continu- 
ously kept  just  outside  operating  booth. 

All  theatres  and  other  public  places  of  amusement  now- 
built  and  used  for  any  of  the  purposes  mentioned  in  this  sec- 
tion shall,  within  forty-five  days  after  the  approval  of  this 
ordinance,  be  so  equipped  as  to  conform  to  the  provisions 
hereof. 

There  must  be  in  the  operator-  booth  a  metal  ven- 
tilating pipe,  not  smaller  than  six  inches  in  diameter,  which 
must  extend  through  an  exterior  wall  or  roof  of  the  build- 
ing, or  may  be  connected  to  a  brick  or  a  patent  chimney. 
A  window  opening  directly  to  the  outer  air  may  be  used 
in   lieu  of  the  above   ventilating  pipe. 

G.  Openings  for  picture  and  operator's  view  shall  not 
be  larger  than  12  by  12  inches,  and  must  have  gravity 
doors  made  of  No.  14  B.  &  S.  gauge  sheet  iron  arranged 
to  drop  freely  in  heavy  metal  grooves  on  inside  of  booth. 


561 

Doors  to  be  held  in  position  (open)  bj  fusible  link:. 
placed  in  series  with  a  single  strand  or  cord,  so  arranged 
that  cord  will  be  suspended  directly  above  film  when  in 
place  in  machine,  so  that  in  case  of  ignition  of  film  the 
link  will  fuse  or  cord  will  burn  and  allow  gravity  <1 
to  drop  and  close  openings.  There  shall  be  no  opening 
from  the  operating  booth  into  an)  closet,  storeroom  or  Mind 
space,   and   bin    cue   exit    door. 

11.  All  electric  wiring  must  be  absolutely  safe.  The 
operator's  cabinet  or  picture  Imx  must  be  absolutely  fire- 
proof, and  the  picture  machine  must  be  operated  entirely 
by   hand. 

The  use  of  a  motor  to  operate     the  picture   machine   is 
hereby  strictly  prohibited,  unless  the  motor  shall   b< 
outside  of  the  operator's  cabinet   and  connected   to   the   ma 
chine  by  a   belt  or  other  device  satisfactorj    to   the   chief  oi 
the  fire  department. 

1.  No  wooden  fixture.s,  benches  or  appliances,  unless 
same  be  metal  clad,  and  no  other  inflammable  materials  not 
required  for  the  operation  of  moving  picture  machines  shall 
be  allowed  in  the  operating  room. 

J.  All  such  places  of  amusement  shall  have  at  least 
one  frontage  on  a  street,  and  in  such  frontage  there  shall 
be  at  least  two  exits,  each  of  which  is  to  be  at  leasl  five 
feet    wide. 

In   addition   t"   such   exit-  on   the  street    there   shall   be 

rved  for  service  in  case  of  emergency,  where  the  seat- 
ing capacity  is   150  or  less,  one  exit  in  the  rear:  where  the 

ing  capacity  is  greater  than  150  and  less  than  300,  there 
shall  be  one  exit  in  the  rear  and  an  additional  exit  in  the 
rear  half  of  the  auditorium;  where  the  seating  capacity 
greater  than  M*>  and  less  than  400,  there  -hall  be  one 
exit  in  the  rear  and  two  additional  exit-,  one  of  which  must 
be  in  the  rear  half  of  the  auditorium  and   which,  in   the 

luditoriums   less   than  30   feet    in    width,   mus  the 


562 

side  near  the  center.  Such  rear  exits,  if  in  the  side  walls, 
must  be  within  ten  feet  of  the  rear  wall.  Each  exit  shall 
be  not  less  than  five  feet  in  width. 

All  exits  must  open  into  public  streets,  public  or  private 
alleys  or  into  passageways  at  least  five  feet  wide  communicat- 
ing directly  with  the  street.  Said  passageways  must  have 
their  interiors  lined  throughout  with  sheet  metal  or  be  metal 
lathed  and  plastered.  Exits  which  lead  into  five-foot 
interior  passageways  must  have  no  doors,  but  may  be 
hung  with  curtains  or  portieres.  All  doors  and  exits  must 
open  outward  and  be  unfastened  at  all  times  during  which 
people  are  assembled.  Every  exit  shall  have  over  the  same, 
in  the  inside,  the  word  "EXIT"  painted  in  legible  letters 
not  less  than  four  inches  high :  over  each  such  exit  shall 
also  be  a  red  light  on  an  independent  circuit  from  all  other 
lights  in  the  building. 

K.  There  shall  be  aisles  of  the  width  hereinbefore 
specified,  extending  the  entire  length  of  the  auditorium 
to  each  and  every  exit  opening  into  said  streets  or  alleys, 
or  passageways ;  there  shall  be  a  space  of  at  least  ten  feet 
between  front  tier  of  seats  and  screen  or  stage:  cros--  aisles 
leading  to  side  exits  shall  extend  from  center  aisle  to  said 
exits.  Where  exits  are  at  rear,  aisles  leading  to  same 
shall  be  of  the  maximum  widths  herein  prescribed,  through- 
out their  entire  length. 

PLACES    OF     PUBLIC     ASSEMBLAGE. 
HALLS. 

Sec.  440.  Cnless  specific  reference  is  made  in  this 
ordinance  to  special  buildings  for  public  assemblage,  the 
following  provisions  shall  apply : 

Under  this  heading  shall  be  included  public  halls  and 
club  halls  which  may  be  used  for  public  entertainment,  and 
although  occasionally  used  for  theatrical  representation  shall 
not  be  construed  to  be  theatres  as  the  term  is  used  in  this 
ordinance,  notwithstanding  the  fact  that  movable  scenery  is 


used  upon  the  stage  thereof;  provided,  however,  that  such 
halls  shall  not  be  used  for  theatrical  representations  on  more 
than  three  consecutive  days  nor  more  than  thirty  times  in  a 
year. 

Halls  and  places  of  assemblage  other  than  theatres 
have    but    one    gallery    above    the    main    floor,   and    i 
ing   capacity   shall    not   exceed   one-fourth   the   total   seating 
capacity  of  the  hall. 

All    buildings   containing   places    of   assemblage    seating 
more    than    five    hundred    (500)    people   above    the    first    I 
shall  be  of  Class  "  \"  or  Class  "B"  construction. 

No  place  of  public  assemblage  seating  over  Mh)  people 
shall  he  abo\  e  the  second  flour. 

Inside    the    fire    limits    all    buildings    used    as    place 
public  asserhblage,  seating  over  eighteen  hundred  (1800)  peo- 
ple, shall  be  of  Class  "A"  construction. 

It  seating  from  one  thousand  <  1<'      i        eighteen  hundred 
(1800)    people,    shall    be   ^i    Class    "A"    or    i  lass   "B"    con 
struction. 

If  seating  less  than  one  thousand  I  1000)  people,  shall  be 
of  Class  "A,"  Class  "B,"  or  Class  "C"  construction. 

Outside  the  fire  limits  halls  may  be  of  frame  construc- 
tion, but  if  seating  over  eighl  hundred  (800)  persons  the  rooi 
shall  be  of  metal,  supported  on  steel  trusses  and  steel  purlins 
and  steel  columns  carried  to  the  foundation 

EXITS. 

Sec.  441.  All  exits  shall  have  doors  hinged  t"  swing  out 
and   shall  he  not    le~s   than   five    t  ,;  l    feet    wide 

Halls    havm  eating    capacity    of    eighteen    hundred 

1800)    people   or  over   shall    have   one   exit    for   every    four 
hundred  and   fift)       150)   people. 

If  situated  on  a  street  corner,  -hall  have  at  least  twi 
exits  to  each  street.     If  > >n  inside  l"t.  shall  have  at  least  two 
reet  and  two   (2)    exits   to  rear  street   or 
a    court,    built    full    length    of    hall,    at  en    feet 


564 

(7  feet  0  inches)  wide  open  to  front  and  rear  streets, 
or  to  two  such  courts  both  open  to  front   street. 

If  stairs  are  necessary  they  shall  not  be  less  than  six  (6) 
feet  wide. 

Halls  having  a  seating  capacity  of  one  thousand  (1000) 
to  eighteen  hundred  (  1800)  people  shall  have  at  least  four 
(4)  exits  situated  as  above.  Stairs,  if  necessary,  shall  not 
be  less  than  five  feet  six  inches  (5  feet  6  inches)  wide. 

Halls  having  a  capacity  of  four  hundred  (400)  to  one 
thousand  (1000),  if  on  a  street  corner,  shall  have  two  (2) 
exits  to  front  street  and  one  (1)  exit  to  side  street.  If  on 
inside  lot.  shall  have  two  (2)  exits  to  front  street  and  one  (1) 
exit  on  or  near  the  rear  leading  to  rear  street  or  to  a  court 
leading  to  front  street.  Courts  and  stairs  shall  not  be  less 
than  five   (5  feet  0  inches)   wide. 

In  Class  "A"  or  "B"  buildings  the  side  courts  will  not 
lie  required,  but  the  same  number  of  exits  as  widely  separated 
as  possible  will  be  required. 

Halls  having  a  capacity  of  less  than  four  hundred  (400) 
people  shall  have  two  (2)  front  exits,  or  if  on  street  corner, 
shall  have  one  il  i  front  and  one  (1)  side  exit,  or  may  have 
one  i  1  i  front  exit  and  one  (1)  rear  exit  to  street  or  alley. 
Stairs  shall  not  be  less  than   five   (5)   feet   wide. 

It  halls  are  situated  above  the  first  floor,  exits  may 
open  into  vestibules  with  stairs  leading  to  streets 

There  shall  be  at  least  one  (1)  foot  width  of  stairway 
for  every  one  hundred  people  or  fraction  thereof. 

Where  one  side  of  hall  borders  on  street,  alley  or  court, 
iron  balconies  with  stairs  leading  to  ground  may  be  used 
in  lieu  of  stairs  and  may  be  hinged  and  suspended  by 
weights  when  not  in  use.  if  on  public  street  or  alley. 

\\  here  halls  occur  in  different  stories  of  a  building  the 
stairs  leading  from  same  shall  be  increased  one  foot  in  width 
of  each  stair  for  each  additional  story  where  hall  or  halls 
occur;  excepting  in  Class  "A"  and  "P."  buildings,  where  this 
provision    shall    not    applv. 


565 

Galleries  seating  more  than  one  hundred  (1(H))  people 
shall  have  two  stairways,  one  on  each  side.  There  shall  be 
at  least  one  foot  width  of  stairway  for  ever)  one  hundred 
(100)  people  or  fraction  thereof.  No  stairway  shall  be  less 
than  three  feel  six  inches  (3  feel  6  inches)   wide. 

Winders  shall  not  be  permitted  in  anj   staircase  lea 
from  a  hall  or  from  a  gallery  therein. 

I  in  provisions  relating  to  aisles  and  seats  in  theatre- 
shall  apply  to  halls.  When  movable  seats  are  used  the) 
shall  be  subject  to  the  same  regulations  regarding  aisles  and 
exits  as  are  fixed  seats 

Where  the  building  is  of  Class  "(  "  construction  there 
shall  l>e  a  brick  or  concrete  wall  extending  from  basement 
to  roof,  dividing  the  hall  for  public  assemblage  from  other 
parts  of  the  building.  Such  wall  may  have  not  more  than 
two  openings  in  each  story  connecting  the  hall  with  other 
parts  of  the  building.  Such  openings  shall  be  nol  over  eight 
(8)  feet  in  width  and  -hall  be  not  less  than  for'  |  10 
apart,  and   -hall  be  closed  by   iron   doors 


IK  >TELS    VND  1.'  IDGING  Hi  "US!  - 

Sec.  442.  In  all  buildings  other  than  Class  "A"  or 
Class  "B"  used  as  hotels  or  lodging  houses,  all  partitions 
must   be  lathed  and   plastered  and  must    run   to  the  ceiling. 

All  buildings  used  as  hotels  or  lodging  houses  with 
sleeping  accommodation-  for  more  than  one  hundred  people 
shall  be  Class  "A,"  Class  "1'."  or  Class  "C." 

No  frame  or  wooden  buildings  used  a-  hotels  or  lodging 
houses  shall   be  over  three  stories   in   height. 


EXHIBITK  >N  BUILD!  MIS 

Sec.  443.     Buildings    for    fair    and    exhibition    purposes, 
towers   For  observation   purposes   and    strud  similar 


566 

use,  outside  of  the  fire  limits,  whether  temporary  or  perma- 
nent in  character,  shall  be  constructed  in  such  a  manner 
and  under  such  conditions  as  the  board  of  commissioners 
may  prescribe. 

SMOKEHOUSES. 

Sec.  444.  All  smokehouses  shall  be  of  fireproof 
construction,  with  masonry  walls,  iron  doors  and  masonry 
or  metal  roofs.  An  iron  guard  shall  be  placed  over  and 
three  feet  above  the  fire,  and  the  hanging  rails  shall  be  of 
iron.  The  walls  of  all  smokehouses  shall  be  built  up  at 
least  three  (3)  feet  higher  than  the  roof  of  the  building  in 
which  they  are  located. 

POWER  WOODWORKING  MILLS,  ETC. 

Sec.  445.  No  building  shall  be  constructed  to  be  used  as 
a  planing  mill,  saw  mill,  sash  and  door  factory,  furniture  or 
cabinet  factory  or  other  woodworking  purposes,  if  planers, 
stickers  or  jointers  are  used  and  run  by  power  unless  the 
same  be  of  heavy  timber,  "mill  construction"  frame  and 
floors. 

The  exterior  walls  and  roof  shall  be  corrugated  iron 
fastened  to  the  timber  frame  and  without  boarding,  if  outside 
the  fire  limits,  unless  of  Class  "A."  "R"  or  "C"  construction. 
Said  building  shall  not  exceed  two  (2)  stories,  or  thirty 
(30)  feet  in  height,  shall  have  floors  not  less  than  two  (2) 
inches  thick  extending  to  the  outer  covering  of  the  building; 
shall  have  all  elevators,  hoists,  stairs,  chutes  and  other 
vertical  floor  openings  tightly  closed  with  wood  partitions 
and  doors  or  trapped;  and  the  outer  wall,  floor  and  roof 
system   shall   be   constructed   without   concealed   spaces. 

No  building  already  erected  and  not  now  so  used  shall 
hereafter  be  used  as  a  planing  mill,  saw  mill,  sash  and 
door  factory,  furniture  or  cabinet  factory,  or  for  any  other 
woodworking    purpose,    if    planers,    stickers    or    jointers    are 


567 

used    and    run    by   power,    unless    it    is    made    to    conform    to 
the  above  specification. 

In  buildings  of  Class  "(  "  used  as  planing  mills,  wa 

arriage  factories,  furniture  factories  or  am   other  wood- 

working    factories,    all    joists   arid    studding   bearing    weigh! 

shall    be    covered    with    metal    lath    and    plaster    and    the    floor 

shall  be  double,  with  the  top  floor  laid  over  three-quarters 

I    of  an   inch   of  mortar,  or   two   thicknesses   of   asbestos 

r,  unless  such  building  is  constructed  on  the  slow  hum 
ing  or  mill  construction  plan,  in   which  case   the   floor  shall 
extend  from  one  beam  to  another  and  shall  not  be  less  than 
three   (3)    inches  thick. 

All  planks  shall  be  laid  to  the  ends  of  the  timbers. 

STABLES   OR   ANY   PREMISES   FOR   THE    PURPOSE 
OF  STABLING   HORSES.    MULES.   COWS   OK 
HER     W'IMAI.S    AND    PROVIDING 
FOB  Till'.  ST  (RING  AND  R] 
MOVAL<  >F  M  WIRE. 

Sec.  446.  It  shall  be  unlawful  to  hereafter  construct 
any  building  or  premises  to  he  used  as  a  stable  for  horses, 
mules,  cows  or  other  animals,  or  to  maintain  as  such  a 
-table,  any  existing  structure  not  so  used  at  date  of  the 
of  this  ordinance,  without  first  obtaining  a  permit 
from  the  board  of  commissioners,  specifying  the  name  of  the 
permittee,  and  the  location  of  building  or  premises  t . >  he  used 
as    a    -table    and    the    numb  mimals    intended    to    be 

kept   therein. 

STABLE  BUILDINGS. 

Sec.  447.       All     buildings     used     for     stabling     animals 
in  the  basement  shall  be  of  Class  "C"  mill  construction. 

\ll   buildings   used   for  stabling  animals  abi  first 

round   Fl<  Class  "A"  or  "B"  construction  if 

more  than   125  head  are  kept   therein:  if  125   head  or  less  arc- 
kept    therein   they  shall   be  Class   "C"   mill   construction 


All  building      -  stabling  animals   on   the 

tay    be    of   frame  •  they 

ts    and  not   more  than   125   head 
.    :   therein. 

.       modatir,..  :      animals 

shall  be  provided  with  fully  equipped  fire  h(  -  -         racks 

adequa:^   -  -  through  not 

55  1  stand-pipes     said  reels  -  shall  be  of 

-       .    number    and    -  that    with    50    feet    of    cotton 

with  a  water  pressure  of  2 
re  inch,  all  p;      -        :he  building  may  be  reached. 
-  -  Ef  50  animals  or  n 

11  be  equipped  with  one  5.000-gallon  water  tank  on  roof, 
and  with    a    34-inch    supply    pipe.      Wet    stand- 

pipe-  alibre  shall  be  run  therefror  -quipped 

with  proper  valves,   connected   thereto    l^-inch   cotton   hose 
onr::  •     -  -         d  shall  I  -    ch  number  and  so  placed 

that  with  50  feel  -  the  building  may  be 

In  all  stable  buildii »g=  2lass  "A,"  "B"  and  "C  mill 

there  shall  be  one   emergency  runway  not  less 
thar  .  et    in    width    in    the    clear,    besides    the    regular 

ay. 

The  dl    buildii  j*s  ses    hereafter    con- 

and  intended  to  be  used  for  the  purposes  of  stabling 
ses,    mules  -  :>ther  animals   must   be   of   conci 

--        in  three  inches  thick  with  a  lay-.  :nent  or 

asphalrum    no1        --  ne-half    inch    thick. 

A  s«  V-shaped  gutter  drain   shall  be  con- 

structed  at   the   time   the   floor  is   put   down   in   the   rea~ 
those  poi         -  ts  of  1  -    -   where  stalls   ar. 

:ed. 
This    gutter    drain    shall    have    a    uniform    thickness    the 
same  as  that  of  the  floor  of  the  stable  and  shall  not  be  less 
than  four  in  -:de  measurement  at  the  floor  level,  nor 

-   rhan  three  inches  in  depth,  with  sufficient  fall  to  carry 
off  all  liquid  discharges  from  the  stalls. 


In  all  b  3     hereafter 

r  when 
the    side    walls  icture    shall 

n  cement  —  than  i 

• 

- 
necess 

Wash    racks,    when 

n  the   f 

such  manner 

s 
Every  person   n 

:her   place    in    wl  or   s 

tin.    ziri 
■n   the  area 
Hin  shall  be  by  meai 

than    U   in  g 

The 

-    - 

- 
the  stal 

her    place,    and 
thereof,  be   -  t  clean 

ven-  -hall    be  in    the    ar  the 

hin    ten  icent    pr 

tich 
the    fac 

in   the   r 


570 

Every  stable  or  other  place,  where  horses,  mules,  cows 
or  other  animals  are  kept,  must  have  not  less  than  1,000 
cubic  feet  of  air  space  in  the  clear  for  each  and  every 
animal   kept  therein. 

It  shall  be  unlawful  for  any  person  to  use  any  stable 
or  other  place  where  animals  are  kept  as  a  place  of  storage 
for  fruits,  vegetables,  meats,  milk  or  any  other  foodstuffs. 

All  feed  excepting  hay  shall  be  kept  in  a  metal  lined 
bin  or  metal  lined  room,  so  constructed  as  to  be  rat-proof. 

The  provisions  of  this  ordinance  shall  apply  to  all  stables 
that  shall  hereafter  be  conducted  in  structures  which  are 
now  existing  but  are  not  used  for  stable  purposes  at  the  date 
of  the  passage  of  this  ordinance. 

GENERAL  PROVISIONS. 

EXPLANATORY. 

Sec.  448.  The  following  general  provisions  shall 
;,pply  to  the  construction  of  all  buildings  of  all  classes  con- 
templated in  this  ordinance  unless  specific  exceptions  or 
definite  clauses  under  the  various  classes  of  buildings  be 
made,  in  which  case  the  said  specific  exceptions  and 
definite  clauses  shall  govern. 

COMMUNICATING  OPENINGS  IN  EXTERIOR 
DIVISION  AND  PARTY  WALLS. 

FIRE   DOORS. 

Sec.  449.  Openings  through  masonry  exterior,  division 
or  party  walls,  whereby  communication  is  made  with  an 
adjoining  building  or  room,  shall  not  exceed  eight  (8) 
feet  in  width,  shall  have  standard  fire  doors  constructed  and 
arranged  as  hereinafter  specified  at  each  side  of  such  open- 
ing, and  not  more  than  one  (1)  such  opening  shall  be 
allowed  in  every  50  lineal  feet  or  portion  thereof  of  said 
walls  in  any  one  story. 


571 

All  such  fire  doors  shall  be  closed  at  night]  or  when  the 
building  is  closed  down,  and  shall  be  automatically  self- 
closing  by  the  action  of  one  (\)  or  more  fusible  links  placed 
in  each  door  opening. 

VNDARD   FIRE  DOOR,  CONSTRUCTION  OF. 

Sec.  450.  \11  [ire  doors  shall  overlap  the  walls  at 
least  [our  (4)  inches  al  sides  and  top.  Sills  shall  be  of  metal 
at  least  one-quarter  ('.ji  inch  thick  on  masonry,  or  of 
nd  have  horizontal  faces  extending  under  fire 
doors  ami  outer  edges  flush  with  the  outer  surface  of  fire 
doors,  and  with  the  top  flush  with  or  above  the  adjacent 
floor. 

Top  of  sliding  doors  shall  conform  to  incline  on  the 
track,  which  shall  be  three-quarters  f-'ji  inch  to  the  foot. 
No  door  shall  be  hung  on  wooden  frame  or  in  contact  with 
any  woodwork. 

Doors  shall  be  made  of  three   (3)   thicknesses  of  seven- 
eighths   I  '■'<>   inch  by  six   (6)  inch  tongued  and  grooved  non 
resinous  boards,  surfaced  both  sides,  the  outer  thickness  to 
be   vertical  and  the  inner  thicknesses  to  be  horizontal,  nailed 
with    clinched    nails. 

Doors    shall    be    entirely    covered    with    good    tin    plate 
charcoal.  1""  not  over  fourteen    (14) 

inches  by  tv  JO)   inches  in  size,  laid  with  locked  joints 

ering  nail-heads,  and  all  vertical   seams   shall   be  double- 
locked.     No  solder  shall  be  used. 

All     doors     shall     have     hinges,     hangers,     latches     and 

chaffing  strips  of  wrought  iron  bolted  through  the  doors,  and 

shall   have   steel   tracks  and    wrought   iron   stops   and    binders 

bolted    through    the    wall.     Swinging  doors   shall    have    wall 

of  wrought   in>n   built   into  the  wall 

STANDARD  FIRE  SHUTTERS— WHEN  REQUIRED. 

Sec.  451.  Every  opening  in  am  exterior  masonry 
wall,    including  nd    side   courl    walls,   of   any   build- 


572 

ing  over  twenty-five  (25)  feet  or  two  stories  in  height, 
except  dwellings,  churches,  school  houses  and  municipal 
buildings,  which  is  within,  or  shall  at  any  time  come  to  be 
within,  thirty  (30)  feet  in  any  direction  of  any  portion  of 
another  building,  shall  have  standard  fire  shutters,  or  self- 
closing  rolling  corrugated  steel  shutters  or  doors,  or  others 
of    equal    efficiency. 

Wire  glass  not  less  than  '4  of  an  inch  thick  in  metal 
sashes  and  frames  shall  be  deemed  an  equivalent  of  and  a 
substitute  for  fire  shutters  or  doors. 

All  doors  and  shutters  opening  upon  fire  escapes  and 
at  least  one  row  vertically  above  the  first  story,  shall  be 
so  arranged  as  to  be  readily  opened  from  the  outside  by 
firemen,  and  those  opening  upon  the  first  story  shall  have 
locks  so  arranged  as  to  admit  of  easy  destruction  by  the 
fire  department.  Rolling  steel  shutters  above  the  first  story 
shall  not  be  locked  or  fastened  on  inside.  All  such  shutters 
or  doors  shall  be  closed  at  night,  or  when  the  building  is 
shut  down. 

STANDARD  FIRE  SHUTTERS.     CONSTRUCTION  OF. 

Sec.  452.  lire  shutters  shall  overlap  the  outside  of 
the  wall  at  least  4  inches  at  top  and  sides,  or  be  close 
fitting  against  masonry  work  inside  of  opening,  but  shall 
not  be  hung  on  wooden  frame  or  come  in  contact  with 
any  woodwork. 

Shutters  shall  be  made  of  two  thicknesses  of  ^-inch 
by  6-inch  tongued  and  grooved  non-resinous  boards,  sur- 
faced both  sides,  crossed  at  right  angles  and  nailed  with 
clinched  nails. 

Shutters  shall  be  entirely  covered  with  good  tin  plate, 
"IC"  charcoal,  109  pounds  per  box,  in  sheet  not  over 
14  by  20  inches  in  size,  laid  with  locked  joints  covering 
nail-heads,  and  all  vertical  seams  shall  be  double-locked.  No 
solder  shall   be  used. 


573 

Shutters  shall  be  hung  on  substantial  wroughl  iron  i>iu 
or  eye  blocks  buill  into  the  wall,  and  shall  have  wrought 
iron  hinges,  catches,  and  liars  bolted  to  the  shutter. 

KI.IA   \  [*<  >RS. 

Sec.  453.  The  strength  of  the  ropes,  gearing  and  all 
other  portions  of  the  mechanism  ol  passenger  elevators 
shall  be  calculated  with  a  factor  of  safet)  of  twenty  figured 
from  tlir  actual  static  loads 

all   other  elevators  ten   is  to  be   used  ,1--   the   Factor 
Iso  figured  from  actual  static  loads. 

The  mam  suspension  ropes  or  cables  of  all  elevators 
used  for  passenger  or  freight  must  be  of  non-combustible 
material. 

Every  elevator  shall  be  provided  with  approved  devices 
for  preventing  the  car  from   falling  in  case  of  accident. 

All    freighl    elevator    shafts    must    be    provided    at    each 
floor    through    which    they    pass    with    latest    and    best    ap 
ances,  style  and  design  of  automatic  closing  safet)    gat< 

Doors  opening  into  passenger  elevator  -hafts  shall  be 
entirely  under  the  control  of  the  operator  and  shall  be 
so  arranged  that  they  can  be  opened  only  from  the  insid< 

Elevator   cabs   shall   be    so   covered    by    wire   screen 
to  protect  passengers  from  falling  machinery.     Every  pan  of 
the  elevator  shaft  shall   be  protected  by  a  metal   grill   when 
not  enclosed.     Al  the  tup  of  the  elevator  shaft   and  directly 
under    the     machinery     there     shall     be     placed     a     fixed     wire 

en    of   sufficient    Strength    to    hold    any    falling    machinery. 

1  \   \  Tl  >RS. 
BUILDINGS  LASS  "A"    WD  CLASS  "B." 

Sec.  454.   (a)    In     buildings     of  "A"     and     < 

"I'.."   all   passenger  elevators,  ..1  irs   in   which   passen- 

-  are  carried,  shall  be  enclosed  by  partitions  of  mas 

87 


574 

m  it  less  than  eight  (8)  inches  thick,  or  reinforced  con- 
crete not  less  than  six  (6)  inches  thick,  or  of  terra  cotta 
or  plaster  blocks  not  less  than  four  (4i  inches  thick, 
extending  from  the  lowest  basement  floor  to  and  through 
the  roof  and  above  same  to  a  height  not  less  than  three 
(3)  feet,  or,  if  covered  with  a  skylight,  not  less  than 
two  (2)   feet. 

All  doors  in  such  enclosure  shall  be  of  wire  glass  in 
metal  frames,  of  solid  steel,  or  standard  tin  clad  or  other 
suitable  fire  doors  not  less  than  two  (2)  inches  thick,  and 
all   other  openings  shall  be  similarly   protected. 

(b)  In  buildings  of  Class  "A"  and  Class  "B,"  all 
freight  elevators,  hoist-ways  or  well-holes,  if  not  enclosed 
in  the  manner  required  in  subdivision  (a)  of  this  section. 
shall  have  the  openings  through  and  upon  each  floor  of 
said  buildings  provided  with  good  and  sufficient  automatic 
trap-doors  properly  counter-weighted  and  covered  on  the 
under  side  and  edges  with  tin,  so  constructed  as  to  form 
a  substantial  floor  surface  when  closed.  Such  trap-doors 
shall  be  closed  at  the  close  of  the  business  of  each  day  by  the 
occupant  or  occupants  of  the  building  having  the  use  or 
control    of   the    same. 

(c)  In  buildings  of  Class  "A"  and  Class  "B,"  dumb- 
waiters, chutes,  fuel  hoists  and  service  shafts  shall  have  an 
enclosure,  their  entire  height,  of  the  construction  required 
for  partitions  in  buildings  of  the  class  in  which  placed. 
All  openings  in  such  enclosure  shall  be  protected  as  required 
by  subdivision    (a)  of  this  section  for  elevators. 

BUILDINGS  OF  CLASS  "C"— FRAME  BUILDINGS. 

Sec.  455.  (di  In  buildings  of  Class  "C."  except  those  of 
mill  construction,  or  in  frame  buildings,  all  elevators,  dumb- 
waiters, chutes,  fuel  hoists  and  service  shafts,  if  not  enclosed 
or  trapped  in  the  manner  required  in  subdivisions  (a)  and  (b) 
of  this  section  for  buildings  of  Class  "A"  and  Class  "B," 
shall    be    enclosed    with    wood    studs    covered    on    both    sides 


575 

with    lock-jointed    metal   ovei  boarding,   or    metal    lathed   on 
both   sides  and   plastered,   extending   from    the    lowest    base 
meni    floor   to   and    through    the    roof   and    above   same   to   a 
heighl    of   nol    less   than   three    (3)    feet,  or,   if  covered    with 
a   skylight,   not    less   than    two    (2)    feet. 

All   openings   in   such   shafts   shall   be   protected   as   pro 
ed  Hi  subdivision  (a)  hereof  for  Class  "A"  and  (lass  "P.." 

MILL   C<  (NSTRUCTK  >N. 

Sec.  456.  (e)  In  mill  construction  buildings,  eleva 
shall  be  enclosed  as  required  in  subdivision  (a)  of  thi>  section 
for  buildings  of  Class  "A"  and  Class  "B,"  or  many  be  en- 
closed by  a  crib-constructed  wall  nol  less  than  four  I  •■ 
inches  thick,  with  all  openings  in  the  enclosure  protected  as 
required  in  subdivision  (a)  "i  this  section  for  Class  "A"  and 
Lias,  "B." 

1 1' i  In  mill  construction  buildings,  all  dumb-wail 
chutes,  fuel  hoists  or  service  shaft,-  shall  be  enclosed  their 
entire  height  in  the  manner  required  for  elevators  in  sub- 
division (c)  of  this  section,  or  may  he  trapped  at  each  floor 
in  the  manner  required  in  subdivision  (b)  of  this  section 
t< >r  elevators  in   buildings  of  Class  "A"   and   t'la>s  "B." 

ELEVATORS    NOT    IX    SHAFTS. 

Sec.  457.  !  levators    not    in    shafts    shall    he    encl< 

from  the  basement  floor  to  the  under  side  of  the  first  floor 
with  tight  partitions  and  doors  of  tin-  construction  required 
for  elevator  enclosures  in  subdivisions  (a),  (b)  and  (d)  of 
this  section   for  tin-  specific  ela>>  of  building  in   which  such 

itors,  dumb-waiters,  chutes,  fuel  hoist-  and  service  shafts 
arc    placed. 

Ill   V  \  Ti  iR    M  \<   IIIXLKY. 

Sec.  458.  (h)  When  in  any  building  the  compartment 
which  contains  the  machinery  for  operating  an  elevator  com- 
municates with   the  elevator  -haft   or  basement   enclosure,  it 


576 

shall  be  enclosed  with  partitions  constructed  as  required  for 
the  shaft,  with  all  openings  protected  as  required  in  sub- 
division  (a)   of  this  section  for  Class  "A"  and  "Class  "B." 

SIDEWALK  ELE\  AT<  >RS. 

Sec.  459.  The  shafts  or  sidewalk  openings  of  all 
sidewalk  elevators  must  be  covered  with  substantial  iron 
doors.  Such  doors  must  be  provided  with  some  mechanical 
device  for  locking  and  unlocking  them  which  will  not  re- 
quire any  person  to  ride  on  the  elevator  for  the  purpose  of 
locking  or  unlocking  said  doors.  The  doors  of  all  side- 
walk elevators  must   be  opened  by  hand  from  the  outside. 

Sidewalk  elevators  must  be  provided  with  a  safety 
device  which  will  not  permit  the  elevator  to  be  operated 
unless  the  sidewalk  doors  are  open. 

All  openings  hereafter  constructed  in  sidewalks  for 
sidewalk  elevators  shall  be  located  in  the  outer  half  of  the 
sidewalk,  next  to  the  curb.  The  outer  edges  of  said  open- 
ings shall  be  not  more  than  thirty  inches  from  the  outer 
line   of   the   curb. 

The  length  of  the  sides  of  said  openings  parallel  with 
the  curl)  shall  not  exceed  six  feet.  The  length  of  the 
sides  of  said  openings  at  right  angles  to  the  curb  shall  not 
exceed  one-half  the  width  of  the  sidewalk  and  in  no  case 
shall  such  length  exceed  five  feet. 

STAIRS. 

Sec.  460.  In  every  building  not  used  as  a  private 
dwelling  there  shall  be  at  least  one  stairway  leading 
from  all  upper  floors  to  the  first  or  ground  floor  with  access 
to  street ;  and  there  shall  be  at  least  one  stairway  from  every 
basement  to  the  ground  floor. 

Every  building  of  more  than  2.500  and  less  than  7.500 
square  feet  area  on  the  main  or  ground  floor  shall  have 
one    main    stairway    from    the    first    to    second    floors,    and 


577 

above  the  second   floor  one  stairway  at   least   three   (3)   feet 
wide.     In  addition   there  shall   be  a   second   stairway   above 
the  second  floor  no1  less  than  two  (2)   feel   wide;  such  si 
way   shall    be    removed    as    far    as    possible    from    the    main 
stairway,    but    shall    be    accessible    fr<  halls    and    shall 

extend  to  the  top  floor  of  the  building. 

In   every   building  having  an   area  of  7.5(H)  or  over  and 
less  than  10,000  -. juare  feet,  said  second  stairwa)   -hall  Ik-  at 
lca>t    two    feet    >i\    inches    in    width    and    shall    extend    to    the 
ground   floor  level  and  open  t<>  a  street,  alley  or  to  a  i 
having  access  to  a  stn  I  ley. 

In   all    buildings   of   10.000  square    feet    or   over   in    area 

lie  main  ind  floor  one  stairway  shall  he  provided 

in    addition    to    the    two    mentioned    above,    which    shall    be 
not    less    than     three    feet     wide;    a     reasonable     -  tl     "I 

the   three  stairways   -hall   he   required. 

Every  building  having  an  area  of  12.500  square  fee 
greater  shall  have  at  least  one  continuous  stairwav  enclosed 
with  suitable  walls  of  brick,  burnt  clay  blocks,  reinforced 
concrete  or  such  other  fireproof  material-  and  form  of  con- 
struction a-  ma)  l>e  approved  by  the  board  of  commission- 
said  walls  or  construction  shall  he  continuous  and  ex 
tend  at  least  three  feet  above  the  roof.  All  door-  Opening 
in  such  stair  hall  enclosures  shall  be  provided  with  self- 
sing  fireproof  doors  and  frame-  of  metal,  and  the  sash 
and  frames  .-hall  he  of  metal  and  glazed  with  wire  glass. 
All   -uch   fin  stairways   musl    have   direct   communica- 

tion   with    a    street    or    alley,    through    a    passageway    tire- 
pro. .fed  a-  indicated  for  stair  enclosui 

In    every    building    a    fire    escape    may    take    the    place    of 
one  otherwise  required  stairway,  provided  -aid  fire  ■ 
connected  directly  to  a   public   hallway   or   public   -pace.       The 
fire   escape  may   take   the   place  of  a    stairway   beginninj 
the  second  floor  level,  not  of  a  stairway  required  to  -round 


578 

Stairways  in  Class  "A"  and  Class  "B"  buildings  shall 
be  built  of  metal  or  reinforced  concrete:  stairways  in  Class 
"C"  or  frame  buildings  may  be  of  metal  or  timber. 

Marble  treads,  if  used,  shall  have  metal  supports  on  all 
sides. 

OBSTRUCTION  ON  STAIRS. 

Sec.  461.  Stairs  or  stairways  passing  from  one  floor 
to  another  in  any  building  shall  not  be  covered  with  a  per- 
manent flooring,  but  may  be  closed  with  a  board  partition 
extending  from  the  floor  to  the  ceiling,  and  provided  with  a 
door,  which  must  be  kept  free  from  all  obstruction  at  all 
times;  provided  this  section  shall  not  apply  to  buildings  used 
for  public  assemblages. 

Goods  or  obstructions  of  any  kind  shall  not  be  placed 
on   the  stairs  of  any  building. 

Explosive  or  inflammable  compounds,  or  combustible 
materials,  shall  not  be  stored  or  placed  under  any  stairway 
of  any  building,  or  used  in  any  such  place  or  manner  as  to 
obstruct  or  render  egress  hazardous  in  case  of  fire. 

SKYLIGHTS. 

Sec.  462.  Skylights  in  buildings  of  Classes  "A".  "I'."' 
and   "C." 

All  skylights  in  buildings  of  Class  "A",  Class  "B"  or 
Class  "C"  shall  be  self-supporting,  and  the  frames  and  sashes 
thereof  shall  be  constructed  of  metal  and  glazed  only  with 
wire   glass   not    less   than   one-quarter  of  an   inch    thick. 

Skylights  in  theatres  shall  be  constructed  according  to 
the  requirements  of  this  section. 

SKYLIGHTS    IX    FRAME    BUILDINGS. 

Sec.  463.  All  skylights  in  frame  buildings  on  roofs 
projecting     at     an     angle     less     than     twenty-two     and     one- 


579 

half  (22//$)  degrees,  not  enclosed  bj  a  substantial  railing 
at  least  three  (3)  feet  high,  shall  be  protected  bj  screens 
of  No.  H'  wire,  with  meshes  not  more  than  one  and 
half  t  1 '  _•  i  inches  square,  which  screens  shall  be  secured  t'1 
the  sash  and  must  be  kept  at  least  four  I  1)  inches  above 
the  glass. 

[f  skylights  are  glazed  with  wire  glass  nol  less  than 
one-quarter  »;i  inch  thick,  the  wire  screens  maj  be 
omitted 

U<  IO]     O  >\  I  RINi 

Sec.      464.     (a)     Shingles    may    be    used  cov- 

ering  >>n    frame    buildings    and    brick   dwellings   outside    the 
fire  limits,  also  "it  brick  dwellings  within   District    No.  _'. 

'lit  The  roofs  of  all  other  buildings  shall  be  covered 
with  either  metal,  slate,  tile,  terra  cotta,  asbestos  shingles, 
tun    layers    of    prepared    roofing,    each    layer    weighing 

than  thirty-five  (35)  pounds  per  one  hundred  square 
feet,  or   at    least    four  layers  of   saturated    roofing   felt,   each 

r    weighing    nol     less    than    fourteen     i14i     pounds 
one   hundred   square   feet,  provided   that   said   t\\"   layers   of 
prepared   roofing,  and    said   t"itr   layers  of  saturated   roofing 
telt.  shall  be  cemented  together  with  asphaltum  and  then 
ered  with  a  flowing  coal  "t"  asphaltum,  in  which  shall  be  im- 
bedded clean  screened  gravel  "i"  sufficient   quantity  t<>  thor- 

aid  gravel   shall   pass   through   a 

en   whose  meshes  do  n «  >t   exceed   five-eighths  ■:'  an 

inch    square    and    be    rejected    by    a    number    six    (No 
screen 

I    further,    that    said    four    piles    of    saturated    felt 
shall    be   laid   over   a   dry    sheet   of   unsaturated    fell    on    all 

-   inside   the   fire   limits,   where   wood    sheathing  i-   u 
i  >r  by  three   i  3  I    layer-  of  pure  asbi 

of  tv  -.Unrated   layer-   and   "tie    (1)    unsaturated    la 

all  cemented  together  with  asphaltum  when  heel 

separately    "ti    the    building,    and    weighing    nol    less    than 


580 

sixty  (60)  pounds  to  the  one  hundred  (100)  square  feet: 
said  three  (.3)  layers  of  asbestos  roofing  to  be  laid  on  top  of 
a  sheet  of  unsaturated  asbestos  weighing  not  less  than 
twenty-two  (22)  pounds  to  each  one  hundred  (100)  square 
feet   of  surface, 

(c)  Shingle  roofs  on  buildings  within  Fire  District 
No.  1  when  damaged  by  fire  or  decay  to  the  extent  of 
40  per  centum,  shall  be  replaced  only  with  the  roof  cov- 
erings  named    in    sub-division    (b)    hereof. 

SCUTTLE   AND    LADDERS. 

Sec.  465.  All  buildings  except  private  dwellings  over 
twenty-five  feet  high  shall  have  permanent  means  of  ac- 
cess  to  the  roof  from  the  inside,  with  ladders  or  stairs 
leading  thereto  and  accessible  to  all  occupants.  The  open- 
ings in  the  roof  shall  not  be  less  than  J4x.io  inches,  ami 
when  ladders  are  placed  on  the  exterior  of  any  building 
they  shall  be  constructed  of  metal  and  bolted  through 
the  walls  of  said  buildings  at  each  story  with  not  less  than 
\s-ineh  bolts,  with  the  nuts  anid  washers  to  show  on  the  out- 
side of  the  building.  Said  ladders  shall  be  placed  not  less 
than  eight  inches  from  the  walls  of  buildings,  and  shall  ex- 
tend at  least  two  feet  above  firewalls  or  roofs  of  buildings, 
and  shall  lie  securely  fastened  at  top. 

Size  of  metal  for  ladders,  2  inches  x  -\s  inches,  eighteen 
or  more  inches  apart. 

Size    of    rungs    for    ladders,    .\(-inch    in    diameter. 

The  braces  carrying  ladders  shall  be  1  '  _■  inches  by  Yz 
inch,   bolted   through   the  building. 

Where  the  ladders  join  they  shall  lie  connected  and 
bolted    with   not   less  than  four  bolts  on   each  side. 

Screws  or  lag  screws  shall  not  he  used  in  the  construc- 
tion   of   said    ladder^. 

In  frame  buildings,  where  the  studding  does  not  cor- 
respond   with    the    measurements    for    ladders,    extra    headers 


S81 

shall   be  inserted   between   the  studding,  of  the  same   thick- 
-  as  the  studding,  and  securely  spiked. 

I  HIMNEYS    W'l>  FLUES. 

Sec.  466.  All  chimneys  and  flues  hereafter  con- 
structed, excepl  as  herein  provided,  referring  to  patent 
chimneys,  shall  be  of  brick  or  stone,  or  may  be  of  concrete 
when  in  concrete  walls;  tluir  enclosing  walls  shall  be  nol 
less  than  four  (4)   inches  thick,  and  shall,  if  less  than  eight 

hick,  be  lined  on  the  inside  with  well  burnl  i 
or   terra   cotta   pipe   net    less   than      |    .if   an    inch    thick    for 
flue  linings  of  the   following  inside  dimensions:  3x7   inches, 
.v\ll'j   incite-.  7\7  inches,  and  7x11  \    inches,  and   one   inch 
thick    for    fine    linings    of    the    following    inside    dimensions: 

15  inches,  6  \1.;  inches,  11x11  inches,  11x15  incite-, 
and  15\15  inches.  Said  lining  -hall  start  from  the  bottom 
of  a  fine  "i  the  throat  of  a  fireplace.  In-  continuous  to  the 
top  of  the  fine,  and  shall  he  huilt  in  first  and  bricked 
around  as  carried  up.  Flues,  where  lining  i-  nut  required 
by  this  ordinance,  -hall  have  the  joints  struck  smooth  on 
the  inside,  and.  if  less  than  eight  (81  niche-  thick,  shall 
he  smoothly  plastered  for  the  entire  height  on  the  out- 
side. 

No  -nil  ike  flue  shall  he  less  than  7x7  inches  in  the 
clear,  and  -itch  sized  flue  shall  have  hut  one  inlet;  for 
two  inlet-  the  flue  -hall  he  not  less  than  7x11  '  inches  in 
the  clear;  for  three  inlets  1 1 .  >  t  less  than  6]  xl5  inches  in 
the  clear,  and    for  a   larger   number  of   inlet;  shall 

he  increased  in  same  proportion.  Flues  larger  than  t\\" 
hundred  square  inches  and  less  than  five  hundred  square 
inches  in  area  shall  he  surrounded  by  wall-  ti"l  less  than 
eight  inches  thick:  flues  larger  than  five  hundred  and 
than  one  thousand  square  inches  in  area  -hall  he  surrounded 
by  wall-  not  less  than  twelve  inches  thick  to  a  heighl  of 
fifteen  feet  above  'he  inlet,  and  eight  inches  thick  the  re- 
maining   height;    flue-    larger    than    one    thousand     square 


582 

inches  shall  he  proportionately  increased  in  size  and  shall 
he  lined  with  fire  brick  for  at  least  twenty  feet  above  the 
inlet. 

Bakery  oven  flues  shall  not  be  less  than  12x12  inches  in 
the  clear  and  shall  be  surrounded  by  brickwork  not  less 
than  eight   (8)   inches  thick. 

The  inside  four  inches  of  all  boiler  flues  for  boilers 
of  over  twenty-five  horsepower  shall  be  of  firebrick,  laid 
in  fire  mortar,  for  a  distance  of  twenty-five  feet  in  any 
direction  from  the  source  of  heat. 

Chimneys  and  stacks  connected  with  steam  boilers 
shall  extend  not  less  than  ten  feet  above  the  woodwork  of 
the  roof,  or  any  adjacent  roof,  and  if  sawdust,  shavings  or 
wood  are  burned,  shall  extend  twenty  feet  above  such  roofs 
and  be  provided  with  a  spark  arrester.  Spark  arresters 
shall  be  placed  upon  all  chimneys  and  stacks  whenever 
deemed  necessary  for  the  safety  of  property,  by  the  inspector 
of  buildings. 

Chimneys  and  flues  from  boilers,  restaurants  and  hotel 
ranges,  bakers'  ovens  and  similar  unusually  hot  flues,  shall 
have  the  outside  exposed  throughout  the  height  of  the  room 
in  which  connection  therewith  is  made,  and  if  plastered, 
shall   be  plastered  directly  upon  the  bricks. 

All  chimneys  having  a  greater  flue  area  than  two 
hundred  and  sixty  (260)  square  inches  shall  be  carried  up  at 
least  ten  feet  above  the  highest  point  of  the  roof  of  the 
building  of  which  they  form  a  part,  and  ten  feet  above 
the  highest  point  of  any  roof  within  fifty  feet  of  such 
chimney. 

Where  a  smoke  pipe  is  to  enter  a  chimney  or  flue,  a  tile 
thimble  not  less  than  \.;  of  an  inch  thick  shall  be  placed 
as  construction  progresses.  Thimbles  shall  be  surrounded 
by  four  inches  of  brickwork  brought  out  flush  with  furring, 
and  shall  extend  to  the  face  of  the  plastering,  and  not  be 
nearer  than  six  inches  to  any  wood,  lath  and  plaster.  No 
tile  pipe  shall  be  used  as  a  smoke  pipe  in  connection  with 
such  thimbles. 


Chimneys  not  pari  of  a  wall  shall  not  be  built  upon 
an\  floor  or  beam  of  wood,  bul  shall  be  built  from  the 
ground  up,  and  shall  not  increase  in  size  from  the  founda- 
tion. No  chimney  shall  be  corbelled  oul  more  than  eighl 
inches  from  a  wall,  and  corbelling  shall  consist  of  al  least 
five  courses  of  brick,  but  no  corbelling  shall  be  more  than 
four  inches  in  twelve-inch  walls.  Offsets  for  reducing  the 
si/c  of  chimneys  shall  not  be  greater  than  one  inch  to  each 
course. 

Flues  in  partj  walls  shall  not  extend  within  four  inches 
•  <\  the  center  of  the  wall,  and  joint  fines  in  parte  walls  shall 
be  separated  across  the  wall  by  an  eight-inch  width  of 
brickwork   for  the  entire  length. 

No  joist  or  girder  shall  be  supported  on  the  walls  of 
any  chimney  or  flue,  and  no  woodwork  shall  be  placed 
nearer  than  two  inches  to  the  outside  face  ol,  or  within  seven 
inches  of  the  inside  of  an)    smoke,  air  or  other  fine. 

All  wood  joists  -hall  lie  trimmed  away  at  least  two 
inches  from  any  smoke,  an-  or  other  flue;  the  trimmer 
beam  shall  not  be  less  than  eight  inches  from  the  inside 
of  the  flue,  and  four  inches  from  the  outside  of  a  chimni 
breast;  except  that  for  smoke  flues,  the  brickwork  of  which 
b)  this  ordinance  required  to  be  eight  inches  thick  or 
more,  the  trimmer  beam  shall  not  be  less  than  twelve  inches 
from   the  inside  of  the  flue. 

Chimneys  built  outside  ,,f  frame  structures,  or  in  light 
wells  thereof,  shall  be  well  anchored,  at  intervals  of  not 
less   than   ten    feet,  to   the   stud    walls. 

All  chimneys  and  flues  shall  be  properly  cleaned  and 
all  rubbish  removed  and  same  left  smooth  on  the  inside 
on    completion   of  tin-   building. 

FIREPLACES. 

Sec.  467.  All  fireplaces  and  chimney  breasts  where 
mantels  are  placed,  except  as  hereinafter  provided  for  patent 
chimney  fireplaces,  whether  intended   for  ordinary  fireplaces 


584 

or  not,  shall  have  trimmer  arches  to  support  the  hearth; 
arches  shall  be  of  brick,  stone,  burnt  clay  or  concrete,  at 
least  twenty  inches  wide  measured  from  the  face  of  the 
chimney  breast  and  their  length  shall  not  be  less  than  the 
width  of  the  chimney  breast.  Wood  centers  shall  be  re- 
moved  from  under  trimmer  arches  and  no  timber  shall 
be  placed  under  any  fireplaces  or  hearths.  Hearths  shall 
be  of   brick,   tile  or  stone. 

Fireplaces  shall  have  arched  heads  with  an  iron  arch 
bar  ewer  the  top  of  the  opening  and  not  less  than  J  j\X.2l/2 
inches,  turned  up  at  the  ends  two  inches  in  each  side  of  a 
chimney  breast,  so  as  to  make  a  perfect  bond  for  arch. 

All  fireplace  openings,  where  furred  with  wood  on  face, 
shall  be  surrounded  by  a  brick  rim  eight  inches  wide  pro- 
jecting four  inches,  bonded  into  brickwork.  The  firebacks 
and  jambs  of  all  fireplaces  shall  not  be  less  than  eight 
inches  thick  of  solid  masonry. 

When  a  grate  is  set  in  a  fireplace  a  lining  of  firebrick 
at  least  two  inches  thick  shall  be  added  to  the  fireback 
unless  soapstone,  tile  or  cast  iron  is  used,  and  filled  solidly 
behind  with  fireproof  material.  No  mantel  or  other  wood- 
work shall  be  exposed  back  of  a  summer  piece;  the  iron- 
work of  the  summer  piece  shall  be  placed  against  the  brick 
or  stonework  of  the  fireplace.  No  fireplace  shall  be  closed 
with  a  wooden  fireboard. 

Open  fireplaces  shall  have  arched  heads,  which  shall, 
whenever  possible,  extend  to  the  back  of  the  tile  or  marble 
facing. 

PATENT   CHIMNEYS. 

Sec.  468.  In  lieu  of  a  brick  or  stone  chimney  as 
hereinbefore  provided,  there  may  be  erected  a  chimney 
known  as  a  "Patent  Chimney."  A  permit  from  the  in- 
spector of  buildings  to  erect  patent  chimneys  must  be 
secured  and  may  be  revoked  for  failure  to  erect  the  chimney 
as  required  by  the  patent  and  in  a  workmanlike  manner 
and  in  accordance  with  "The  Building  Law." 


All  "patenl   chimneys"  shall  be  built   up  from  the   floor 
"ii    which   they   arc   used,   and    in    n<  pipe 

enter  the  bottom  of  a  patent   chimni 

If   a    patent    chimney   be    erected    on    the   outside 
building  it  shall  resl  on  a  substantial   iron  bracket.     [I 
ported    by    brackets,    the    brackets    must    be    of    metal    and 
fastened    to    studding    with   bolts    and    nuts.  or    lag 

screws  shall  not  be  allowed. 

When   erected  mi   the   inside  of  a   building   it    shall 
"ii   an   iron    p  nol    less   than   om  of   an   inch   in 

thickness  and  not  U-ss  than  eight   (8)  incl  irickwork  on 

-aid   iron  plate,  and  shall   have  a  smoke-proof  open- 
near  the   bottom   for  cleaning  it.     All   patent    chimneys 
shall   be  braced   every   four   feet   of  their  height.      Ml    jo 
must  and   the   bands   covering  the    joints   shall 

be  made  of  the  best    No.  24  iron  and  filled   with  cement 
make  them  smoke  and  spark  proof. 

All    galvanized    iron    used    for    the   outside    covering 
patented  chimneys  shall  be  of  the  best    No.  24  iron,  riveted 
•her   with   rivets   not   more   than   three    (3)    inches  apart, 
and   may   be   seamed,  and   top   and   bottom   of  seams  secured 
by   rivets,   and   shall    be   ventilated   by   eight    holes   not 
than  one  meh   in   diameter,  said   holes   to  be   made 
the  chimney    above    the    roof,    S(  permit    the 

ir;   there    shall    be    a  SS    than 

one  inch  between  the  clay  pipe  and  the  iron  covering.     X" 
patent   chimney   shall   be   less    than   one   and   one-half   in 
from  all  rk.  and  the  opening  in  the  roof  and  in  each 

floor   and    ceiling   through    which    it    passes    be  a  it  h 

an  iron  plate  or  other  fireproof  material  so  as  vent  the 

of  fire  and  smoke. 
Patent    chimneys    shall    not    be    fastened    to    the    lath 
siding  of  the  building,  but  shall  be  securelj  I  to  the 

Iding  or   crosspieces   with    g 1    iron  and   in    no 

shall   any   patenl    chimney   '  nded    from   any    I 

am. 


586 

# 

No  patent  chimney  shall  have  more  than  one  inlet.  All 
pipe  nsed  for  patent  chimneys  shall  be  composed  of  pure 
calcined  clay,  not  less  than  one  inch  in  thickness.  Patent 
chimneys  built  on  the  inside  of  a  house  shall  have  an  open- 
ing in  the  partition  enclosing  the  chimney  to  permit  the 
cleaning  of  the  same. 

INSIDE   DIMENSIONS,   PATENT   CHIMNEYS. 

Sec.  469.  The  inside  dimensions  of  patent  chimney- 
shall  be  as  follows  : 

For  fireplace  of  18-inch  opening 6  inch 

For  fireplace  of  21-inch  opening 7  inch 

For  fireplace  of  24-inch  opening 8  inch 

For  ordinary  stove  flues 6  inch 

Fi  >r  French  range  flues 8  inch 

For  steel  range  flues :  .  .  .   8  inch 

For   furnace    flues 8  or  10  inch 

PATENT  FIREPLACES. 

Sec.  470.  All  fireplaces  connected  with  patent  chim- 
neys and  all  gas  logs  must  be  set  on  iron  plates,  not  less 
than  one-quarter  of  an  inch  in  thickness  and  not  less  than 
three  (3)  feet  nine  (9)  inches  in  length  by  "three  (3)  fee: 
in  width,  which  shall  be  free  from  all  holes.  Boards  shall 
not  he  placet!  under  the  iron  plates,  which  must  rest  on 
the  floor  joists.  (  >n  the  top  of  the  iron  plates  there  shall 
be  one  (1)  inch  of  concrete  or  cement,  then  a  course  of 
brick,  followed  by  the  tiling  or  marble.  The  strength  of  the 
floor  must  not  be  impaired  by  the  cutting  out  for  the  fire- 
place. In  lieu  of  resting  on  the  floor  joists  said  iron  plates 
may  be  suspended  by  wrought  iron  stirrups  of  sufficient 
length  to  sustain  the  fireplace  and  patent  chimney. 

The  brick  jambs  of  every  fireplace  or  grate  opening  shall 
be  at  least  eight  (8)  inches  wide,  and  the  hacks  shall  not 
be  less  than  eight  (8)  inches  thick,  and  where  fireplaces 
come   over  one   another  on   separate   flodrs,   the  jamb   of  the 


lower    Fireplace    shall    be    wide   enough    to   carr)    the   pa 
chimnej    far  enough   t"  one  side  of  the  jamb  above   so  that 
the    patent    chimnej     will    pass    the    upper    fireplace    in    as 
straight    a    line    as    possible.      Where    bends    are    necessary 
in  patent  chimneys  offsets  shall  be  used      Said  shall 

be   made   solid  and    without    joints. 

SMOKE    PIPES     Ml  >T    PERMITTED    T(  '    BE 

kl-Wh  >\  ED. 

Sec.  471.  X"  smoke  pipe,  stove  pipe-,  terra  cotta  | 
earthen  pipe,  "i-  other  smoke  flue,  including  vents  from 
forges,  excepl  as  p> i-< > \- i <  1 1-<  1  in  this  ordinance,  shall  project 
through  any  external  wall  or  window,  or  through  the  roof, 
or  any  skylight  of  an}  building,  and  all  of  the  above  named 
pipes  and  smoke  flues  which  project  through  the  roof  or 
-ides  of  any  building  now  erected  and  for  which  the  United 
States  patent  has  not  been  issued,  musl  be  removed  within 
thirty   (30)  days  after  the  passage  of  this  ordinance. 

SMi  >KE    FLUES    IX    PARTITK  >XS 

Sec.  472.  \'o  smoke  flue  shall  pass  through  any 
wooden  partition  •>(  any  building  unless  there  is  a  ventil 
air  space  at  least  four  (4)  inches  around  the  pipe.  \n\ 
smoke  pipe  passing  through  the  floor  or  floors  of  any  build- 
ing shall  l>e  protected  by  a  metal  casing,  extending  from 
the  ceiling  to  at  least  one  (1)  foot  above  the  floor,  and 
there  shall  l>e  a  ventilated  air  space  of  at  least  foui 
inches  around  the  -aid  pipe. 

SMOKESTACKS 

Sec.  473.  Smokestacks  -hall  he  constructed  of  steel, 
brick  "r  reinforced  concrete.  If  of  steel  the  metal  shall  be 
ii"t   less  than — 

'/6-inch  thick  for  diameter  up  t"  36  inch. 


588 

I'u-inch  thick  for  diameter  36  inches  up  to  54  inches; 

j4-inch  thick  for  diameter  over  54  inches; 
increasing  towards  the  bottom  as  determined  by  the  weight 
and  lateral  wind  pressure.  If  of  brick,  they  shall  be  laid  up 
in  cement  mortar  and  shall  be  13  inches  thick  for  the  upper 
60  feet  and  increasing  by  four  inches  in  thickness  for  each 
subsequent  60  feet  in  height,  and  have  an  external  batter 
of  1  in  30.  If  of  reinforced  concrete,  built  as  outlined  under 
Class  "C"  buildings,  the  thickness  shall  be  one-half  that 
required  for  brick.  All  breeching  shall  be  of  at  least  TVinch 
metal,  lined  with  fire  brick  or  cov.ered  with  85  per  cent 
carbonate  of  magnesia  l'S-inch  sectional  block  covering. 

In  buildings  of  Class  "C"  and  frame  or  wooden  build- 
ings, smokestacks  of  iron  or  steel  may  be  used  in  connection 
with  boilers  and  coffee  roasters,  provided  same  are  not  nearer 
than  twenty  inches  to  any  woodwork  where  passing  through 
floors,  ceilings,  roofs  or  partitions,  and  are  protected  with 
a  metal  jacket  twelve  inches  from  the  stack,  extending  above 
and  not  less  than  twelve  inches  below  the  joists  and  have 
metal  umbrella  to  cover  the  roof  opening  high  enough  above 
the  same  to  permit  a  free  vent.  Any  woodwork  or  enclosure 
of  such  stack  within  four  feet  thereof,  other  than  masonry 
or  tile,  shall  be  metal  lathed  and  plastered  or  have  equival- 
ent protection.  Such  stacks  on  the  outside  of  a  building  shall 
not  be  nearer  than  eighteen  (18)  inches  to  any  unprotected 
woodwork  or  wood  lath  and  plaster,  or  nearer  than  twelve 
(12)  inches  to  any  woodwork  or  wood  lath  and  plaster,  pro- 
tected with  metal  extending  two  feet  on  each  side  of  such 
stack. 

CHIMNEYS  OF  CUPOLAS. 

Sec.  474.  Steel  cupula  chimneys  of  foundries  shall 
extend  at  least  ten  feet  above  the  highest  point  of  any 
roof  within  a  radius  of  fifty  feet  thereof,  unless  such  cupola 
be  placed  within  an  enclosure  composed  of  fireproof  materials 
extending  at  least  ten  feet  above  the  top  of  the  cupola,  and 
all   exterior  openings  of  such  structure  covered  by  a   suitable 


589 

screen  to  prevent  the  egress  of  sparks.     No  woodwork  shall 
be  placed  within  two  feet  of  tin-  cupola. 

Ill-hill'l  (  »]  I  HIMM-A  S  Wl>  FLUES,  <  II  \\l\i, 
Sec.  475.  All  chimneys  and  flues  shall  extend  at  least 
four  (4)  feet  above  a  flat  roof,  and  at  least  two  (2)  feet  and 
six  (6)  inches  above  the  ridge  <>t'  a  peaked  roof,  and  if  rising 
above  the  roof  to  a  height  equal  to  more  than  six  (6)  times 
their  thickness  shall  be  properly  anchored. 

If  the  u  of  buildings  deems  any  chimney  unsafe 

in)  adjoining  or  adjacent  building,  said  chimney  shall 
l>e  carried  up  four  feet  above  the  extreme  height  of  said 
building;  and  if  an  extension  of  iron  pipe  is  deemed  unsafe 
by   said   ins]  f   buildings,   such   extension    shall   be   of 

brick  or  terra  cotta  pipe. 

The  owner  or  occupant  of  any  building   shall  cause 
chimneys   thereof  to   be   -wept   as  often   as   may  be  required 
eep    -ante    clean. 

G  \S  GR  VTES,  GA<  i  iS,    \\l>  I  >THER   GAS  i  »R 

ELECTRICALLY   HEATED    M'l'l.l  A\<   > 

Sec.  476.     (a)      N'o    gas  .   or   other   appli- 

ance  using   gas  or  electricity    for   producing  heat.   < 
otherwise  ordained,  shall  be  placed   in  a   fireplaci    or   r< 
unless  such  fireplace  or  recess  b<    constructed  as  required  in 
this    ordinance    for    fireplaces,    the    sides,    hack    and    top    of 
which   shall   be  a   brickwork    not    less   than   eight    (8)    m 
thick;  all   pipes   supplying  gas  thereto   shall    be  of   iron   and 
enter   only    at    the   sides    of    fireplace-    or    rei  through 

brickwork.  logs,  or  other  appliances   using 

electricity   for  producing   heat,  not    placed   in   a   fire- 
place --  shall  have  a  clear  and  unencli  it"t 

than    ten    (10)    inches    between    them    and    any    m 
tected   woodwork,  w 1  lath  and  plaster  <>r  other  i 

materia'  incite- 

them    and    any    M Iwork,    w I    lath    and    p  'her 

38 


590 

combustible  material  protected  with  terra  cotta  or  tiles  one 
inch  thick  or  with  metal  with  one  i  1  |  inch  clear  air  space 
between  the  metal  and  woodwork,  wood  lath  and  plaster, 
or  other  combustible  material. 

No  vent  shall  be  permitted  other  than  a  brick  or  patent 
chimney  constructed  as  required  by  the  provisions  of  this 
ordinance. 

(b)  No  gas  range  or  gas  water  heater  shall  be  placed 
nearer  than  twelve  (12)  inches  to  any  unprotected  woodwork, 
wood  lath  and  plaster,  or  other  combustible  material  or 
nearer  than  six  (6)  inches  thereto  if  such  woodwork,  wood 
lath  and  plaster,  or  other  combustible  material  is  protected 
with  metal,  one  (  1  )  inch  clear  air  space  between  the  metal 
and  the  woodwork,  wood  lath  and  plaster  or  other  combust- 
ible material.  No  gas  range  or  gas  water  heater  shall  be 
placed  in  any  recess  unless  the  front  of  the  recess  is  either 
open  or  freely  vented  at  top  and  bottom. 

(c)  Every  instantaneous  gas  water  heater  shall  lie 
connected  to  a  properly  constructed  flue  or  shall  be 
provided  with  a  vent  pipe  not  less  than  three  (3)  inches  in 
diameter,  extending  clear  through  and  at  least  twelve  (12) 
inches  above  the  roof,  with  a  "T"  connection  at  the  top ; 
and  around  every  such  vent  at  all  places  not  exposed  there 
shall  be  a  galvanized  iron  sleeve  extending  the  full  length 
of  the  concealed  portion  with  a  clear  air  space  of  not  less 
than  one   (1)  inch  surrounding  the  vent. 

(d)  All  low,  portable  gas  stoves,  gas  plates,  or  heaters, 
shall  be  placed  on  iron  stands  or  other  incombustible  bases, 
or  the  burners  shall  be  at  least  six  (6)  inches  above  the 
base  of  the  stove  and  metal  guard  plates  placed  four  (4) 
inches  below  the  burners;  all  woodwork  under  them  shall 
be  covered  with  metal  or  other  incombustible  material.  All 
portable  gas  heated  stoves,  ranges,  kettles,  gas  plates  or 
other  gas  heated  devices,  shall  be  connected  direct  to  their 
gas  supply  main   only  by  iron  pipe  or  flexible   metal   tubing. 


591 

PORTABLE    STEAM    OR    HOT-WATER    RADIATORS 

\\  HEREIN  G  \S  OR  ELECTRICITY   IS  USED 

I  <  >R    PRt  EDUCING   HEAT. 

Sec.  477.     (a)      Portable    steam    or    hot-water    radia 
wln-rcin  gas  or  electricity   is   used   for  producing   heat,   when 

died   in   a   fireplace  or   recess   in   ;m\    building,   shall   be 
installed    as    required    for    gas    grat<  jas    logs    in    thi> 

ordinance. 

(b)    Portable  steam   or  hot-water   radiators   wherein   gas 

lectricity  is  used  fur  producing  heat,  when  not  installed 
in  a  fireplace  or  recess,  shall  have  a  brick  wall  of  not 
than  eight  (8)  inches  thick  behind  and  extending  at  leasl 
eight  (Si  inches  above  and  on  each  side  of  them,  and  be- 
tween then!  and  any  woodwork,  wood  lath  and  plaster  or 
other  combustible  material,  and  shall  have  under  them  a 
hearth  of  tile  and  cement  nol  less  than  two  (2)  inches  thick: 
or  shall  have  a  clear  and  unenclosed  air  space  of  not  less 
than  four  (4)  inches  between  them  and  any  woodwork, 
wood  lath  and  plaster  or  other  combustible  material,  p 
tected  by   metal,   with  one    il)   inch  clear  air  space  between 

the  metal  and  the  woodwork,  w 1  lath  and  plaster  or  other 

combustible   material;   or  shall   have  a   clear   and   unenclosed 
air   space  of  not    less    than   eighl    (8)    inches   between    them 
and  any  woodwork,  wood  lath  and  plaster  or  other  comb 
ible  material  not   SO  protected,  and   shall  have   under  them   a 
hearth    of    tile     and     cement     not     less     than     two     (2)     in- 
thick. 

-■■'in    "i    hoi-water    radiators    shall    be   of 
metal  and   shall   stand   a   hydraulic   pressure  of   at    leasl    one 
hundred    (100)   pounds  to  the  square  inch 

-,   gas   logs,   hot-air   furnaces  or   heaters, 
other   appliances   wherein   gas  or   electricity    is   used    for 
producing  heat,  when  provided  with  a  doubli  »r  metal 

with  air  space  between   of  at    leasl   one  and  one-halt"   (1 
inches    and    connected     with    conduit    of    at     least     three 
incrjes   in   diameter   from    external    atmosphere,    whet 


592 

may  have  a  free  and  uninterrupted  passage  from  the  outside 
of  house  to  burner,  to  support  combustion,  and  through 
said  air  space  and  into  room,  may  be  installed  without  a 
flue,  chimney  or  other  vent  as  follows  : 

Each  said  grate,  log,  furnace,  heater  or  other  appliance 
shall  have  a  brick  wall  not  less  than  eight  (8)  inches  thick 
behind  and  extending  at  least  eight  (8)  inches  above  and 
on  each  side  and  between  it  and  any  woodwork,  wood  lath 
and  plaster  or  other  combustible  material,  or  shall  have  a 
clear  and  unenclosed  space  of  not  less  than  four  (4)  inches 
between  it  and  any  woodwork,  wood  lath  and  plaster,  or 
other  combustible  material,  protected  by  metal,  with  one  (1) 
inch  clear  space  between  the  metal  and  the  woodwork,  wood 
lath  and  plaster  or  other  combustible  material,  or  shall  have 
a  clear  and  unenclosed  space  of  not  less  than  six  (6)  inches 
between  it  and  any  woodwork,  wood  lath,  plaster  or  other 
combustible  material  not  so  protected,  and  shall  have  under 
it  a  hearth  of  tile,  cement  or  other  non-combustible  material, 
or  shall  be  supported  on  legs  of  a  non-combustible  mate- 
rial, provided  that  there  shall  be  a  clear  space  between  it  and 
the  floor  or  ground  of  five  (5)  inches. 

FIREPROOF  ROOM   FOR  STEAM    BOILERS  OR 
FURNACES. 

Sec.  478.  \11  steam  boilers,  heating-  furnaces,  or  water 
heating  apparatus  using  any  fuel  other  than  coal  gas.  in- 
stalled in  the  basement  or  first  floor  of  any  building  not 
used  as  a  private  residence  shall  be  enclosed  in  a  room  with 
walls  of  masonry,  not  less  than  six  (6)  inches  thick,  from  the 
basement  floor  to  the  bottom  of  the  first  floor  joists.  The 
ceiling  shall  be  of  same  construction  or  of  not  less  than  one 
(1)   inch  plaster  on   metal   lath. 

Basement  boiler  room  floors  shall  be  of  concrete  and 
first  floors  if  of  wood  shall  be  covered  with  at  least  three 
(3)    inches   of  concrete. 

All    doors   leading:   from    said   room   shall   be   constructed 


593 

as  required  in  this  ordinance,  referring  to  fire  doors  and 
arranged  to  swing  out  and  to  close  automatically.  All 
windows    shall    be    of    wire    glass    nol     less    thai  ;in 

inch  thick  in  metal  frames  and  sashes. 

Where  oil   is  burned,  e\er\    doorway    shall   have  a   mas- 
onry -ill  rising  not  less  than  seven  (7)  inches  from  the  i' 

ERECTION    OF   STEAM    BOILERS,  FURNACES,    ET< 

Sec.  479.     Boilers    exceeding    in   II.    1'..   used    for   gi 
ating  steam  for  heating  >wer,  and  large  furn 

shall  not  be  placed  on  an)  floor  above  the  cellar  of  any 
building,  unless  the  same  are  set  "ii  metal  beams  and  arches 
and   such   beams  shall  he  built   into  the   walls  >v   -team 

boiler  shall   be   provided   with  a   tank   or  other  receptacli 
sufficient   capacit)  at    leasl    a    sufficienl    supply 

water    to    last     -i\     (6)     hours. 

Whenever    steam    boilers,    watei    heaters,   bakers'   ovens, 
large  cooking  ranges,  furnaces,  cand)   kettle-,  laundry   st< 

set   in  brick,  or  other  structures  in    which   fire   i-  maintained. 

are   set    on    any    w len    floor,    such    floor   shall    he    prot< 

by  continuous  sheet   metal   bearing  plate  not   less  than 
an   inch   thick,   all    joints  of   which  shall   be   securely   riv< 
and    the   top  of   such   plate   shall    bi  1    with    no! 

than  seven  i  ~  >   inches  of  brick  or  concrete. 

HEATING  FURN  KC\ 

Sec.  480.      The   top  of  all    heating   furnaces   set    in   brick 
-hall  be  covered   with  brick   supported  by  iron   '  con- 

structed as  to  be  perfectly  tight;  -aid  covering  shall  be  in 
addition  to  and  not  less  than  -i\  (6)  inches  from  the  ordinary 
covering  of  the  hot  air  chamber.  Smoke  pipes  and  fur- 
nace- not  set  in  brick  -hall  be  at  leas)  tw  from  an> 
unprotected  woodwork.  If  -aid  -moke  pipe-  ami  furn 
are  less  than  tv  from  any  woodwork,  -aid  woodwork 
must  !>e  protected  by  sh<               tin  plate  in  such  manner  that 


594 

an  air  space  of  at  least  two  inches  will  be  formed  between 
the  woodwork  and  the  tin  plate,  which  shall  extend  one  (1) 
foot  beyond  the  furnace  on  all  sides. 

RANGES  AND  STOVES. 

Sec.  481.  The  backs  of  all  ranges,  candy  furnaces 
and  kettles,  if  set  in  brick  and  built  against  any  frame  parti- 
tions or  frame  wall,  shall  be  not  less  than  eight  (8)  inches 
thick,  and  shall  be  extended  with  brick  or  hollow  tile  not 
less  than  two  (2)  inches  thick  to  a  height  of  two  (2)  feet 
above  the  top  of  furnaces  or  kettles.  In  no  case  shall  any 
range,  candy  furnace  or  kettle  set  in  brick  against  a  brick 
wall,  with  any  combustible  material  between  it  and  the 
wall,  or  upon  said  wall  for  a  height  of  two  (2)  feet  above 
the  top  of  such  range,  candy  furnace  or  kettle. 

All  wood  lath  and  plaster,  or  wooden  ceilings  over  all 
ranges  in  hotels,  restaurants  and  boarding  houses  shall  be 
guarded  by  metal  hoods,  placed  at  least  nine  (9)  inches 
below  the  ceiling,  or  shall  be  metal  lined  on  walls  and  ceiling 
back  of  and  above  the  range.  All  ventilating  pipes  connected 
with  the  hood  over  a  range  shall  be  at  least  nine  (9)  inches 
from  any  wood  lath  and  plaster,  or  combustible  material, 
or  such  pipes  shall  be  covered  with  one  (1)  inch  of  asbestos 
or  wire  mesh,  and  shall  licit  pass  through  any  floor.  Stoves 
shall  be  kept  twenty  (20)  inches  and  smoke  pipes  twelve 
I  12 1  inches  from  any  wood  lath  and  plaster,  or  woodwork, 
and  shall  be  protected  with  a  metal  shield  arranged  with  at 
least  one  (1)   inch  air  space  behind  such  shield. 

HOT  AIR   BOXES. 

Sec.  482.  All  hot  air  boxes  hereafter  placed  in  the 
floors  or  partitions  of  buildings,  except  when  such  are 
entirely  of  incombustible  material,  shall  be  made  of  double 
pipes  of  tin  plate,  which  shall  be  not  less  than  one-half  an 
inch  apart  and  set  in  soapstone  or  equally  fireproof  borders. 


595 

not   less   than   two    (2)    inches   in    width,   to   which   the   pipes 
shall  be  tightlj    joined  by   inserting  the   same  into  a  groove, 
< >r    the    pipes    and    boxes    shall    be    covered     with    asbi 
,',  |  of  an  inch  in  thickness  cemented  thereon. 

Hot  air  boxes  of  pipes  less  than  ten  (10)  inches  by 
twelve  (12)  inches  in  size  shall  be  kept  at  leasl  hall 
an  inch  from  any  woodwork;  those  of  greater  size  shall  be 
kepi  at  least  one  ill  inch  from  any  woodwork.  No  wood 
work  shall  be  placed  within  <<nc  (li  inch  of  any  metal  pipe 
intended  to  convey  steam  or  heated  air,  unless  such  pipe 
i^  protected  by  a  facing  of  metal,  soapstone  or  earthern 
ring;  provided,  that  no  covering,  excepl  it  be  of  incombustible 
material,  shall  be  placed  within  one  (1)  inch  of  the  outer 
surface  of  any  steam   pipe. 

Ventilating  ducts  of  cold  air  may  be  made  of  galvanized 
iron,  provided  they  are  entirely  enclosed  with  partitions  con 
structed  as  required  in  different  classes  of  buildings.     Winn 
said    dtii'i-.    pass    through    roof    they    shall    have    protecting 
h Is  to  keep  out  rain. 

REGISTERS. 

Sec.  483.  Registers  located  over  a  brick  furnace  shall 
be  supported  by  a  brick  shaft,  built  up  from  the  cover  of  the 
hot  air  chamber;  said  shaft  shall  be  lined  with  metal  pipe 
and  all  wood  beams  shall  be  trimmed  away  not  less  than 
four  (4)  inches  from  it.  Where  a  register  is  placed  on  any 
woodwork  in  connection  with  a  metal  pipe  or  duet,  the 

said  pipe  or  duct  shall  be  flanged  over  on  the  woodwork 
only. 

All  register  boxes  shall  be  made  of  tin  plate  or  galvan- 

;  iron,  with  a  flange  on  top  to  fit  the  groove  in  the  frame, 
and  the  register  must  rest  upon  the  same.  There  slial I  be- 
an open  -pace  of  tw  i  (2)  inches  on  all  sidi  register 
from  the  under  side  of  the  border  through 
the  ceiling  below.  The  -aid  opening  shall  be  fitted  with  a 
tis^ht   tin.  or  galvanized  iron  casing,  the  upper  end  of  which 


596 

shall  lie  turned  under  the  frame.  When  a  register  box  is 
placed  in  the  floor,  over  a  portable  furnace,  the  open  space 
on  all  sides  of  the  register  box  shall  not  be  less  than  three 
(3)  inches.  When  only  one  (1)  register  is  connected  with  a 
furnace,  said  register  shall  have  no  valve. 

STEAM  AND  HOT  WATER  HEATING   PIPES. 

Sec.  484.  Steam  or  hot  water  heating  pipes  shall  not 
be  placed  within  two  (2)  inches  of  any  timber  or  woodwork, 
unless  the  timber  is  protected  by  a  metal  shield,  when  the 
distance  shall  not  be  less  than  one  i  1  i  inch.  All  steam 
or  hot  water  heating  pipes,  passing  through  floors  and  ceil- 
ings or  lath  and  plaster  partitions,  shall  be  protected  by 
a  metal  tube  one  (1)  inch  larger  in  diameter  than  the  pipe, 
having  a  metal  cap  at  the  floor  and  where  they  run  in  a 
horizontal  direction  between  the  floor  and  ceiling  a  metal 
shield  shall  be  placed  on  the  under  side  of  the  floor  over 
them,  and  on  the  sides  of  beams  running  parallel  with 
said  pipe. 

All  wood  boxes  or  casings  enclosing  steam  or  hot  water 
heating  pipes,  and  all  wood  covers  to  recesses  in  walls,  in 
which  steam  or  hot  water  heating  pipes  are  placed,  shall  be 
lined  with  metal.  All  pipes  or  ducts  used  to  convey  air 
warmed  by  steam  or  hot  water  shall  be  made  of  metal  or 
other  fireproof  material.  All  steam  and  hot  water  pipe  cover- 
ings shall  consist  of  fireproof  materials  only. 

DRYING  ROOMS. 

Sec.  485.  Dry  rooms,  dry  boxes  and  all  enclosures 
used  for  drying  by  artificial  heat,  must  be  plastered  upon 
metal  lathing  and  have  the  floor  of  bottom  covered  with 
incombustible  material  or  in  lieu  thereof  may  be  lined 
throughout  with  tin  and  asbestos  not  less  than  %  inch  in 
thickness,  or  other  approved  incombustible  material.  If 
such    dry    rooms,    dry    boxes   or   enclosures   used    for   drying, 


597 

contain  steam  or  other  heated  pipes,  stoves  or  other  heaters 
so  arranged  as   to  permit   inflammable   matt-rial   to  come   in 
contact  therewith,  a  metal  netting  of  sufficient  fineness  must 
i  placed  as  to  prevent  such  contact. 

NOTICE    \>  T<  i  HE  \  HNG    \lT.\k.\  Tl 

Sec.  486.  In  cases  where  hoi  water,  steam,  hot  air 
or  other  heating  plain-  are  to  be  hereafter  placed  in  any 
building-,  or  flues  or  fireplaces  are  to  be  changed  or  enlarged, 
due  notice  shall  first  he  given  to  the  inspector  of  buildings 
by  the  person  or  persons  placing  the  said  plain-,  in  said 
building,  or  by  the  contractor  or  superintendent  ol   said  work. 

FIRE   ESC  \1'; 

Sec.  487.  For  the  proper  and  necessarj  protection  of 
life  and  property,  all  buildings  hereinafter  designated  in  this 
section  and  ordinance,  that  are  already  erected  and  built, 
or  that  may  be  hereinafter  erected  and  built  in  this  city, 
shall  be  provided  and  equipped  with  fin  d   stand- 

pipes,  as  follows: 

Every  building  that  i-  occupied  <t  so  constructed  as 
to  be  occupied  b)  two  "r  more  families  "ii  the  third  story, 
not  having  proper  ami  sufficient  exits  or  facilities  for  escapes 
in  case  of  fire,  and  every  building  of  three  or  more  stories 
m  height,  and  ever}  building  used  or  occupied  or  so  con- 
structed as  to  be  occupied  as  a  theatre,  hospital,  tenement 
house,  apartment  house,  lodging  house,  or  for  a  factory,  mill 
or  manufactory  or  for  offices,  work-shop,  or  public  enter- 
tainments or  assemblages,  above  the  second  story,  and  every 
school  building  of  more  than  two  I  2  |  stories  in  height,  shall 
be  provided  and  equipped  with  metallic  fire  escape-  combined 
with  suitable  metallic  balconies,  platforms  and  railings,  firmly 
secured  to  the  outer  walls,  and  erected  and  arranged  in  -itch 
a  way  and  in  -uch  proximity  I"  "tie  or  more  windows  "r 
to  as  many  windows  of  each   -t'>r\    above  the  first   as   may 


598 

be   necessary    to   make   and   render   said    fire   escapes   readily 
accessible,  safe   and  adequate   for  the   escape  of  the  inmates 
in  case  of  fire,  and  when  placed  on  the  rear  or  sides  of  build- 
ings not  adjoining  a  street  they  shall  extend  down  to  within. 
8   feet  of  the   ground. 

Said  fire  escapes  shall  extend  from  the  level  of  the 
ceiling  of  the  first  story  to  and  over  the  roof,  and  shall  be 
either  vertical  metallic  ladder  fire  escapes,  metallic  stair 
fire  escapes,  or  other  approved  fire  escapes.  The  inspector 
of  buildings,  and  the  chief  of  the  fire  department,  shall 
determine  the  kind,  construction,  location  and  number  of 
fire  escapes,  necessary  and  adequate  on  all  such  buildings 
to  make  the  means  of  escape  therefrom  easy  and  safe  to  the 
inmates  in  case  of  fire. 

All  fire  escapes  shall  be  erected  and  built  as  required 
by  the  provisions  of  this  ordinance,  and  shall  at  all  times 
be  kept  in  good  order  and  repair,  and  free  from  anv  and  all 
obsl  ructions. 

Every  building  used  as  a  hotel,  lodging  house,  hospital, 
tenement  house,  apartment  house,  factory,  mill  or  manufac- 
tory, shall  be  provided  with  a  portable,  metallic  ladder  of 
sufficient  length  to  extend  from  second  story  balcony  to 
sidewalk ;  said  ladder  to  be  hung  from  third  story  balcony 
when  not  in  use.  It  shall  be  the  duty  of  the  owner  entitled 
to  the  beneficial  use,  rental  or  control  of  such  buildings  to 
keep  the  hallways  and  stairways  in  every  such  building  as  i> 
used  and  occupied  at  night,  properly  lighted  from  sunset 
to  sunrise  to  the  satisfaction  of  the  board  of  commissioners 

FIRE  ALARMS  OR  TELEPHONES. 

Sec.  488.  Every  building  used  as  a  church,  or  hospital, 
shall  have  either  a  fire  alarm  box  connected  with  the  fire 
department,  or  a  public  telephone. 


SPECIFICATIONS    FOE    rill     EJECTION     ^ND  CON- 
STRUCTION  I  >F  FIRE   ESCAP] 

Sec.  489.  Where  a  vertical  metallic  ladder  is  required, 
ii  shall  be  constructed  according  to  the  following  require- 
ment 

Size  of  metal  for  ladder,  _\;s  inches. 

Size  of  rungs  For  ladder,    m  inch  diameter. 

Size  of  grating  bars  for  balconies,  l'.-x  ,■";..  inches. 

Size    of    en  mil;     War-,    carrying     grating,     1 

inches. 

The  outside  frames  of  all  fire  escapes  carrying  the 
gratings  shall  be  2-inch  angle-iron,  shall  extend  all  around 
the  platform,  and  they  must  be  bolted  through  the  building. 

The   size   of   the   bearing   metal    carrying    the   platforms 
shall   not   be   less   than   2-inch   channel   iron,   and   the   bra 
carrying  the  same  shall  be  1     \  ■  .•  inches,  and  must  be  bolted 
through  the  building. 

The  top  rail  of  the  balconies  eight   feet  or  less  in  length 
shall    be    1     \;-    inches;    balconies   over    eight    (8)    feet    in 
h   shall   have   in  center  one    (1)   extra   rail   of  the   same 
size  as  the  top  rail. 

The  trimmings  for  finishing  outside  rails  shall  he  ^x'i 
inches. 

The  height  of  railings  of  balconies  shall  not  be  less 
than    two    feet    mx    inches,   and    the    width    of    balconies    not 

than  three  feet. 

All  rails  and  bearing  beams  shall  extend  through  the 
wall,  "r  studding,  and   have  washers  and  nuts  on   the  same. 

Where  the  vertical  ladder-  join  they  shall  be  connected 
and  bolted  with  not  less  than  four  bolts  on  each  side. 

Screw-  or  lag  screws  shall  not  be  used  in  the  construc- 
tion of  fire  escapes. 

All  nuts  shall  show  on  the  outside  of  buildii 
nings   in   balconies   shall   not    1" 
feet  square. 


600 

Brackets  carrying  platforms  shall  not  be  more  than  five 
(5)  feet  apart. 

Perpendicular  ladders  shall  be  at  least  eight  (8)  inches 
from  the  building. 

Finishing  on  balconies  shall  not  extend  outside  the  rail. 

Gratings  on  platforms  shall  be  placed  flat  and  the  grat- 
ing bars  of  all  platforms  shall  not  be  more  than  one  (1) 
inch  apart,  and  in  all  cases  be  made  of  iron  or  steel. 

All  brackets  carrying  balconies  shall  be  bolted  through 
the  entire  walls  or  studding;  the  bolts  shall  not  be  less  than 
seven-eighths  of  an  inch,  and  thev  shall  have  nuts  and 
washers. 

In  frame  buildings  where  the  studding  does  not  corre- 
spond with  the  measurements  for  balconies  and  ladders, 
extra  headers  shall  be  inserted  between  the  studding  and 
shall  be  of  the  same  thickness  as  the  studding,  and  securely 
spiked. 

Where  metallic  stair  fire  escapes  are  required  they  shall 
be  constructed  according  to  the  following  requirements : 

Balconies  shall  be  placed  upon  buildings  as  the  inspector 
of  buildings  may  direct. 

Where  the  brackets  support  the  stairs  or  stair  fire 
escapes  the  brackets  shall  be  constructed  of  three-inch  chan- 
nel iron. 

The  platform  of  balconies  shall  be  the  same  as  required 
for  vertical  ladders,  and  shall  be  placed  on  the  line  of  the 
top  of  the  flooring  of  each  story. 

Said  platforms  shall  be  supported  upon  iron  brackets, 
not  more  than  five  (5)  feet  apart,  and  shall  in  all  cases  be 
built  into  and  anchored  to  the  walls  of  masonry,  during  the 
construction  of  the  walls,  and  shall  be  through  the  entire 
thickness  of  said  walls,  and  must  be  securely  fastened  on 
the  inside  of  the  building. 

The  width  of  all  balconies  from  the  face  of  the  wall  out, 
shall  not  be  less  than  three  (3)  feet  six  (6)  inches,  and 
the  length  of  all  balconies  shall  be  regulated  by  the  inspector 
of  buildings. 


601 

In  the  floor  or  platform  of  all  balconies  there  shall  be  an 
opening,  nol  less  than  two  feet  wide,  and  three  feet  six 
inches  long,  enclosed  and  protected  on  three  sides. 

The  railings  and  balconies  shall  be  constructed  as 
required  for  ladder  fire  escapes.  There  shall  be  a  communi- 
cation from  balcony  to  balcony  by  means  of  inclined  stair--, 
and  no  ladder  will  be  allowed  below  the  line  of  the  flooring 
of  the  uppermost  storj   of  any  building. 

Said  stairs  shall  have  an  inclination  from  the  perpen- 
dicular of  not  less  than  four  inches  to  every  twelve  inches 
of  rise,  and  -.hall  In-  made  of  side  Stringers  of  not  less  than 
inch  steel;  treads  musl  lie  turned  down  on  ends,  and 
riveted  well  into  each  stringer,  at  a  distance  apart  of  16 
inches  for  said  inclination. 

Ml  such  Mairs  must  he  provided  with  substantial  rail- 
in--  of  1',  inch  pipe;  the  sides  shall  he  well  supported  by 
suitable  standard  of  l't  inch  pipe,  at  proper  distance,  viz.: 
four  standards  to  each  run  of  steps  and  thoroughly  bolted 
i"  the  stringers. 

The  ladders  extending  from  the  upper  balconies  to  the 
roof  may  be  perpendicular,  hut  must  he  well  braced  with 
iron  brackets. 

PASSAGE    TO    EXITS    REQUIRED    I  \    CERTAIN 
BUILDINi 

Sec.  490.     All     buildings     used     or     occupied     or     con 
structed  to  be  used  or  occupied  a-  hospitals,  asylun 
nan.  Is,    apartment    houses,    tenement    hoi:  gring 

house-,    schools    or    workshops,    -hall    have    on    each    floo 
passage    free   and    unobstructed,   leading   direct    t.>   each    fire 
escape. 

The  following  are  exempt   from  the  above  requirement: 

1.  All  buildings  of  Class  "A"  and  'ruc- 
tion. 

2.  Apartment    houses   where  every  apartment   has  . 
acce-  fire    escape,    which    either    f 

from   which   there  is  a  direct   pa 


602 

3.  All  buildings  not  exceeding  in  width  thirty  (30)  feet 
outside  measurement  and  not  situated  on  a  street  corner. 

The  inspector  of  buildings  shall  determine  the  location 
of  passages  and  exits  thereto  necessary  and  adequate  on  all 
such  buildings  hereinbefore  specified,  so  as  to  make  the 
means  of  escape  therefrom  easy  and  safe  in  case  of  fire  or 
panic. 

The  minimum  width  of  passages  to  exjts  shall  be  as 
follows : 

To  an  exit  on  a  building,  with  a  frontage  of  from  thirty 
(30)  feet  to  forty  (40)  feet,  two  (2)  feet  and  srx  (6)  inches 
wide. 

To  an  exit  on  all  buildings  over  forty  (40)  feet  front- 
age, three  (3)  feet  wide;- provided,  however,  that  the  width 
of  passages  to  exits  shall  be  increased  to  from  three  (3) 
feet  to  four  (4)  feet  six  (6)  inches,  at  the  discretion  of  the 
inspector  of  buildings,  in  case  of  hospitals,  asylums,  large 
hotels  and  other  buildings  where  more  than  the  usual  num- 
ber of  people  congregate  or  are  housed. 

All  buildings,  if  containing  more  than  four  (4)  apart- 
ments or  suites  on  any  one  floor,  shall  be  provided  with  at 
least  two  (2)  staircases,  which  shall  be  placed  as  far  apart 
as  circumstances  will  allow,  but  in  no  case  shall  said  stair- 
cases be  placed   within  thirty   (30)   feet  of  one  another. 

EXITS    FOR    FRAME    LODGING,    APARTMENT    AND 

TENEMENT  HOUSES,  HOTELS,  HOSPITALS 

WD  ASYLUMS. 

Sec.  491.  Frame  buildings  used  as  lodging,  apartment 
and  tenement  houses,  hotels,  hospitals,  or  asylums  shall  have 
on  each  floor  open  halls  at  least  three  feet  six  inches  wide, 
which  shall  lead  to  all  fire  escapes. 

FIRE  DEPARTMENT  OR  DRY   STANDPIPES. 

Sec.  492.  Every  building  of  three  (3)  or  more  stnries  in 
height   not  used  for  a  private  dwelling  shall   have,  inside  or 


603 

outside  of  its  exterior  walls  (if  over  sixteen  stories  standpipes 
must  be  inside),  one  or  more  metal  standpipes,  which  shall 
extend  from  four  (4)  feel  above  the  sidewalk  to  and  i 
the  roof  and  resl  on  the  firewalls.  Ever)  standpipe  shall 
have  a  Siamese  inlet  attached,  four  (4)  feet  above  the  side- 
walk, branches  at  each  story,  and  a  Siamese  outlet  on  the 
roof.  All  inlets,  branches  and  outlets  to  be  of  nol  less  than 
three  (3)  inches  interior  diameter  and  to  have  caps  and 
chains,  and  all  branches  and  outlets  to  have  three  (3)  inch 
gate  valves.  Standpipes  shall  conform  to  the  following 
table: 

Interior      Sidewalk  Roof 

diameter.        inlets.  outlets. 

3-story  building  4  inches         2  way  2  wa 

Siamese.  Siamese. 

4-story  building   4inches        3  v\  3  way 

Siamese.  Siamese. 

■  L5-story    buildings 5  inches         4  way  3  way 

Siamese.  Siamese. 
16   or   more   story   buildings. ..  .6 inches         6  way         4  way 

Siamese.  Siamese. 

All    iron   or   steel   material   used   in   the   construction   and 

■  t .  >n  of  standpipes  shall  he  kept  in  g 1  order  and  re- 
pair and  free  from  obstruction.  Standpipes  shall  be  of  such 
strength  as  will  withstand  a  pressure  of  300  pounds  per 
square  inch. 

-I  VNDPIPES    WD  FIRE  ESCAPES— LOCATION    \.ND 
[NSPECTK  '\   i  IF 


Sec.  493.      The   inspector  of   buildings  f   of   the 

fire    department    are    hereby    given    the    p 
and    ins|  id    standpipes   and    fire    escap  that 

same    are    properly   constructed    and    located    as    in    this    ordi 
nance   prescribed. 


604 
INSIDE  OR  WET  STANDPIPES  FOR  HOSE  REELS. 

Sec.  494.  In  every  building  exceeding  58  feet  in 
height,  and  not  over  104  feet,  there  shall  be  a  vertical 
standpipe  not  less  than  three  inches  interior  diameter.  In 
every  building  exceeding  104  feet  in  height  there  shall  be 
a  vertical  standpipe  not  less  than  four  inches  interior  diam- 
eter. Such  standpipes  shall  be  located  in  halls  near  stair- 
ways, or  near  stairways  if  building  has  no  halls,  and  shall 
be  of  wrought  iron  or  steel,  and  together  with  fittings  and 
connection,  shall  be  galvanized,  and  shall  be  of  such  strength 
as  to  safely  withstand  at  least  300  pounds  square  inch  water 
pressure   when   ready  for  service. 

In  buildings  exceeding  100  feet  frontage  on  two  or 
more  streets,  or  whose  area  exceeds  10,000  square  feet,  there 
shall  be  two  such  standpipes,  near  separate  stairways  if 
possible. 

Said  "inside  or  wet  standpipes  for  hose  reels"  shall  be 
additional  to  the  fire  department  standpipes  required  by 
this  ordinance.  They  shall  be  connected  to  water  mains, 
tanks  or  pumps  as  hereinafter  provided,  with  pressure  on 
at  all  times;  and  if  connected  to  a  tank  capable  of  holding 
5,000  or  more  gallons  of  water,  shall  have  an  extension  of 
equal  diameter  leading  to  a  point  outside  of  the  building 
or  premises  designated  by  the  chief  of  fire  department,  and 
provided  with  a  three-inch  gate  valve  with  a  cap  and  chain. 

Standpipes  shall  extend  from  the  cellar  to  and  through 
the  roof,  with  a  hose  connection  located  from  5  feet  6 
inches  to  6  feet  above  the  floor  level,  fitted  with  approved 
straightway  composition  gate  valve  in  each  story,  including 
cellar,  and  a  hose  connection  provided  above  the  roof,  with 
the  valve  controlling  latter,  located  in  the  standpipe  under 
roof  and  arranged  to  be  operated  both  from  above  and  below 
roof.  A  suitable  three-quarter  inch  drain  pipe  and  valve 
shall  be  provided  under  the  roof  for  each  roof  connection. 

When  more  than  one  such  standpipe  is  required  in  a 
building,  they   shall  be  connected  at   their  bases  by  pipes  of 


60S 

equal  to  that  of  largest  standpipe,  so  that  water  from 
an)   source  will  supply  all  the  standpipes. 

Closets  i''  '111.1111111-  hose  shall  have  a  glass  panel  in  1 1 » »« ■  i- 

and  be  plainly  marked. 

\\  ATER   SUPPLIES. 

Sec.  495.  In  buildings  not  exceeding  I'M  feet  in 
height  the  water  supply  t"  wot  standpipes  shall  be  from 
city  water  where  pressure  is  sufficient,  from  an  automatic 
fire  pump  of  500  gallons  or  more  capacity  per  minute,  or 
from  an  elevated  tank  or  a  steel  pressure  tank  conforming 
t..  the  follow  ing  table: 
Ground  floor  area  ^i  building.  I  Capacity  i  if  tank. 

i  Iver  4.000  square    feet 5,000  gallons 

3.000  to  4,000  square   feet 3,000 

2.000  to  3,000  square  feet 2,500 

than  _'.n(H)  square  feet ....2,000 

In  buildings  exceeding  104  feet  in  height  the  water 
supply  to  wet  standpipes  shall  be  from  an  automatic  fire 
pump  of  500  gall"it-  or  more  capacit)  per  minute,  drafting 
from  a  supply  approved  by  the  chief  of  the  fire  depart- 
ment. When  a  wet  standpipe  is  connected  to  a  tank  there 
shall  be  a  straightway  check  valve  in  a  horizontal  section  of 
pipe  between  the  first  hose  outlet  in  connecting  pipe  and  tank. 
and  said  tank  must  be  filled  by  a  separate  pipe  and  not 
through  the  standpipe. 

T  WKS. 

Sec.  496.      Tanks    containing     more     than     five    hundred 

allons  oi  water  or  other   fluid   placed   on   the   roof  or 

above  the   roof  of  any  Class  "A".  "!'."  or  "C"   building  shall 

be    supported   "it    iron    "r   steel    beam-   of   sufficient    strength 

safely   carry  the  same,  and   the   beams   -hall    rest    at 
their    ends    on    brick    walls    or    on    iron    or    Steel    gil 
iron   or  lumns,   fire-proofed   ;i-   in   Class   "A"   build- 

38 


606 

ings,  or  piers  of  masonry.  Underneath  such  tanks  or  on 
the  side  near  the  bottom  thereof,  shall  be  a  short  pipe  or 
outlet,  not  less  than  four  (4)  inches  in  diameter,  fitted 
with  a  suitable  valve  having  a  lever  or  wheel  handle  to 
same,  so  that  firemen  or  others  can  readily  discharge  the 
weight  of  the  fluid  contents  from  the  tank  in  case  of 
necessity. 

Covers  on  top  of  water  tanks  placed  on  roof,  if  of 
wood,  shall   be  covered    with   metal. 

Tank  towers  erected  within  the  fire  limits  shall  be 
constructed    entirely  of   non-combustible   materials. 

LOCATION   OF  PUMPS   AND   BOILERS. 

Sec.  497.     Where      pumps     constituting     a      supply      to 

wet  standpipes  are  located  in  the  lowest  story  of  a  building, 
they  shall  be  placed  not  less  than  two  feet  above  the  floor 
level,  and  boilers  upon  which  pumps  depend  for  steam 
shall  be  arranged  so  as  that  flooding  of  fires  under  same 
will  be  impossible. 

Hose  sufficient  to  reach  all  parts  of  the  floor  shall  be 
attached  to  each  wet  standpipe  outlet  in  the  building,  and 
hose  for  roof-hydrant  may  be  placed  on  rack  on  top  floor 
near  the  scuttle  leading  to  the  roof.  Hose  shall  be  \l/2 
inches  inside  diameter,  in  50-foot  lengths,  and  provided  with 
standard  couplings  (with  lugs)  at  each  end,  all  couplings  to 
be  of  same  hose-thread  as  that  in  use  by  the  fire  depart- 
ment. 

Hose   shall   be   approved    cotton    rubber-lined. 

Each  line  of  hose  shall  be  provided  with  washers  at 
both  ends  and  be  fitted  with  play  pipe  or  nozzle,  having 
handles  at  the  base,  and  with  discharge  outlets  not  less 
than  five-eighths  of  an  inch  in  diameter.  One  spanner  shall 
be  located  at  each  hose  connection  throughout  the  building. 


007 
KI.KV  \Tt  >R    SER\  [I 

Sec.  498.     In     every     building  hundred 

feel   in  height  at  least  one  passenger  el<  hall  be  ' 

in  readiness  for  immediate  use  by  the  fire  department  dur- 
ing all  hours  of  the  day  and  night,  including  holidays  and 
Sunda 

\l\ll.l  VRY    FIRE   AITL1  Wi  l 

Sec.  499.  All  existing  buildings  and  those  hereafter 
erected  exceeding  one  hundred  feet  in  height  shall  be  pro- 
vided with  such  auxiliary  fire  apparatus  and  appliances  as 
wrenches,  spanners,  fire  extinguishers,  h  ind  pails 

as  may  be  required  by  the  chief  of  the  fire  department;  all 
of  said  apparatus  to  conform  in  design  to  those  in  use  by 
the  fire  department. 

BAY  WINDt  IWS. 

Sec.  500.  Windows  of  horizontal,  circular  or  angu- 
lar shape  may  be  constructed  in  Class  "A."  Class  "B" 
and  Class  "C"  buildings  which  shall  form  hays  in  the  thick- 
ness of  the  wall;  provided,  that  n>'  portion  of  the  outside 
face  of  such  windows  shall  project  beyond  or  below  the  belt 
course  or  cornice  over  the  first  story  of  such  building,  nor 
in  any  case  project    more  than   sixtei  inches   from   the 

face  of  the  wall  of  the  building  to  the  vertical  face  of  such 
projection. 

Such  hay  window    m  I  lass  "A"  and  '   "  buildings 

shall  have  structural  frames  of  steel  channel  or  1  beam  up- 
rights not  less  than  four  i4i  inches  in  vertical  section,  all 
joints  .mil  bearings  with  standard  connection-  riveted,  the 
uprights  shall  be  properly  connected  together  horizontally 
with  steel  channels,  angles  or  tei  ill  and  a' 

the  head  of  each  window  in  each  st,,ry  and  the  wh 
frame  thoroughly  anchored  to  the  brick  wall 
i ii <*;     the   outside    finish    of   all    such    hay    windows    shall 
galvanized  iron  or  other  fireproof  material. 


608 

In  Class  "B"  buildings  bay  windows  and  lintels  over 
same  shall  be  constructed  entirely  of  reinforced  concrete. 

Piers  between  bay,  oriel,  or  swell  windows  in  brick, 
stone  or  concrete  buildings  shall  not  be  less  than  four  (4) 
feet  in  width,  for  buildings  not  more  than  three  (3)  stories 
in  height ;  five  (5)  feet  in  width  for  buildings  not  more  than 
five  (5)  stories  in  height,  and  six  (6)  feet  in  width  for 
buildings  not  more  than  six  (6)  stories  in  height,  and  seven 
(7)  feet  in  width  for  buildings  not  more  than  eight  (8) 
stories  in  height. 

The  openings  for  bay,  oriel  or  swell  windows  in  brick, 
-•tune  or  concrete  walls  shall  have  steel  beams  of  proper 
length  to  support  the  floors  and  loads;  these  beams  must 
extend  at  least  eight  (8)  inches  into  the  wall  at  both  Miles 
of  the  openings. 

CORNICES,    BELTS,    GUTTERS    AND    OTHER 
APPENDAGES. 

Sec.  501.  All  exterior  cornices,  belts,  gutters  and 
other  appendages  on  Class  "A".  Class  "B"  and  Class  "C" 
buildings  shall  be  constructed  of  metal,  stone,  reinforced 
concrete  or  terra  cotta. 

All  metal  cornices  shall  be  riveted  and  well  secured 
to  iron  brackets  not  more  than  two  feet  apart,  and  properly 
built  into  the  w-alls.  Cornices  of  frame  buildings  may  be 
of  wood. 

Gutters  of  metal  may  be  formed  in  cornices.  Proper 
leaders  shall  be  provided  for  discharge  of  rain  water  from 
roof,  but  no  leader  shall   discharge   upon   the   sidewalk. 

Stone  and  terra  cotta  cornices  shall  have  every  piece 
anchored  to  backing  with  heavy  anchors,  and  where  neces- 
sary supported  on  steel  supports. 

Appendages  of  Class  "C"  buildings  within  the  fire 
limits,  such  as  dormer  windows,  mouldings,  eaves,  parapets, 
balconies,  bay  windows,  towers,  spires,  ventilators,  erection 
on  roofs,  turrets,  lantern  lights,  if  not  wholly  fireproof,  shall 


609 

be  enveloped  with  fireproof  material;  provided,  however,  that 
any  of  the  said  appendages  which  exceed  the  allowed  limit 
of  height  of  its  class  shall  have  its  exterior  wholly  fireproof. 

PORCHES   OF    WOOD 

Sec.  502.  Porches  of  wood  may  be  attached  to 
buildings  of  Cla--  "C",  but  not  to  buildings  of  Class  "A" 
nor  Class  "B",  and  shall  be  constructed  without  concealed 
spaces  in  any  part,  and  without  enclosures  other  than  open 
rail  or  wire  guard  not  over  four  (4)  feet  above  il 
except  as  hereinafter  specified.  Said  porches  must  not  be 
placed  higher  than  the  fourth  story  of  any  building,  nor 
project  over  the  line  of  any  street,  lane,  alley  or  place. 

losures  on  such  porches  shall  not  exceed  seven  (7) 
feet  from  floor  to  ceiling,  and  shall  not,  for  a  hotel  or  lodg- 
ing house,  exceed  fifty  (50)  superficial  feet  of  floor  room, 
or  for  any  other  building  exceed  twenty-five  (25)  superfi- 
cial feet  of  floor  room,  and  shall  be  used  only  as  water 
closet-   or   privies. 

Roofs  of  both  porches  and  enclosures  situate  within 
the  fire  limits,  shall  be  covered  with  tin  in  the  man- 
ner specified  in  this  ordinance  for  covering  fireproof  shut- 
ter- and  doors,  or  with  corrugated  iron  nailed  to  stud  frame 
without  boarding. 

AWNINGS,  SHADES   AND   BALCONIES. 

Sec.  503.  All  awnings,  shades  and  balconies  shall 
be  at  least  ten  (10)  feet  above  the  line  of  the  curb  level 
and  securely  supported  on  wrought  iron  brackets  built  into 
the  walls,  and  no  part  shall  be  less  than  ten  (10)  feet  above 
the  line  of  the  curb  level  of  the  sidewalk,  and  a  gutter 
shall  thereon  be  formed  to  carry  off  the  water  to  the  line 
of  the  building  and  thence  to  the  street   gutter. 

No  gutters  shall  be  required  on  cloth  or  canvas  awn- 
ings or  shad 


610 

The  height  of  all  movable  canvas  or  cloth  awnings  or 
shades  shall  not  be  less  than  7y2  feet  above  said  curb  level. 

Awnings,  shades  and  balconies  shall  not  extend  beyond 
the  line  of  the  curb ;  provided,  however,  that  no  awning. 
shade  or  balcony  shall  be  erected  on  any  building  facing  on 
any  street,  lane,  alley  or  place  which  is  twenty  (20)  feet 
or  less  in  width :  and  no  permanent  awning,  shade  or 
balcony  shall  be  constructed  on  any  building  without  a  per- 
mit from  the  board  of  commissioners  and  the  execution  and 
delivery  of  a  bond  as  required  by  law,  and  the  same  shall  be 
constructed  of  metal  only  or  of  metal  and  wire  glass,  to  be 
approved  by  the  inspector  of  buildings,  and  all  cloth  or 
canvas  awnings  shall  be  kept  raised  except  where  the  sun 
shines  on  the  spot  to  be  protected  by  the  same. 

FLOOR  LIGHTS. 

Sec.  504.  Floor  lights  used  for  transmission  of  light 
to  stores  below  shall  be  constructed  of  metal  frames  and 
bars  or  plates,  and  if  any  glass  therein  measures  more 
than  sixteen  square  inches  the  glass  shall  be  provided  with 
a  mesh  of  wire,  either  in  the  glass  or  under  the  same,  and 
the  floor  lights  shall  be  of  the  same  proportional  strength 
as  the  floors  in  which  they  are  placed. 

ACCESS   AT   SIDEWALK   TO    WATER,   CAS   AND 
ELECTRIC    SERVICES. 

Sec.  505.  Every  building,  except  dwelling  shall  be 
provided  with  an  enclosure  or  enclosures  constructed  of  in- 
combustible material  located  immediately  within  the  curb 
of  and  beneath  the  sidewalk  in  front  of  said  building.  Access 
into  such  enclosure  shall  be  afforded  through  an  opening  in 
its  top,  which  opening  shall  have  a  suitable  locked  iron  cover, 
set  in  the  sidewalk.  Fastenings  to  all  such  covers  shall  be 
iflentical  and  shall  conform  to  sample  in  the  office  of  the 
chief  of  the  fire  department.     Such   enclosures   shall   contain 


611 

valves   or   other    means    of    controlling    all    water,    and    gas 
services   for   said   building  clearl)    tagged   or   marked. 

ARE  VS. 

Sec.  506.  \!1  areas  set  back  from  the  street  line  shall 
be  properly  protected  with  suitable  railings,  or  covered  over; 
those  on  the  sidewalk  shall  have  iron  doors,  which  -.hall  be 
so  made  thai  when  opened  they  will  form  guards. 

When  area-  are  covered  over,  iron  or  iron  and  glass 
combined,  stone  or  other  incombustible  materials  supported 
on  brick,  concrete  or  stone  walls,  or  on  iron  01  steel  beams, 
shall  be  used.  Vreas  on  sidewalks  shall  nol  exceed  four 
feel  in  width  measured  from  the  street  line. 

FLOORS   1\   Y  VRDS,   ETl 

Sec.  507.  \11  floors  of  yards,  courts  and  passageways 
shall  be  of  earth,  sand,  gravel,  cinders  or  other  similar 
material  "r  of  concrete.     No  such  floors  shall  be  constructed 

I  >  t     w  ■ 

I  OPENINGS   IX   SIDEW.  VLKS. 

Sec.  508.     i  ipenings    in    sidewalks    for   the    admission    "i 

or    light,    • 'i"    for    manholes   or    for    an)    other    purpose, 

if    placed    outside    the    property    line    shall    be    covered    with 

lens  lights,  set  in  iron  or  cement   frames,  or  with   iron  covers 

having  a  rough  surface  and  rabbeted  flush  with  the  sidewalk. 

No  plain  surface  of  glass  or  iron  more  than  four  inches 
in  diameter  shall   be  placed  in  any  sidewalk.     When  a  >< 
i-    placed    in    air  ilk.    it     shall     lie    placed    a-    near    as 

practicable  to  the  line  of  the  curb,  except   for  steps  and 
ways.         Nil     -paces     under     sidewalks     -hall     he     thoroughly 

ventilated. 

All  works  supporting  the  sidewalk  -hall  resl  upon  and 
he  of  incombustible  material. 


612 

METER  ROOMS. 

Sec.  509.  All  buildings  except  private  dwellings  here- 
after erected  shall  be  provided,  for  the  accommodation  of 
gas  and  electric  service  and  meters,  with  recesses  or  openings 
not  less  than  four  (4)  feet  by  four  (4)  feet  in  dimensions,  and 
if  a  door  leads  thereto,  said  door  shall  be  of  dimensions  not 
less  than  two  (2)  feet  by  four  (4)  feet,  and  shall  have  a 
ventilating  screen  at  its  top  and  bottom. 

Suitable  brackets  or  shelves  shall  be  provided  to  support 
gas  meters  securely. 

The  electric  service  switches  shall  not  be  installed  in 
the  same  recess,  enclosure  or  opening  with  a  gas  service 
and  meter. 

ENGINEER'S  STATIONARY  LADDERS. 

Sec.  510.  Every  building  in  which  boilers  are  placed 
in  the  cellar  or  lower  story  shall  have  stationary  iron  ladders 
or  stairs  from  such  story,  leading  directly  to  a  manhole  in 
the  sidewalk  or  to  inside  exits. 

BARRICADES  TO  BE  ERECTED  DURING 
CONSTRUCTION. 

Sec.  511.  During  the  construction  or  repair  of  build- 
ings, as  soon  as  the  rough  or  temporary  floor  is  laid,  all 
shafts,  or  openings  or  wells,  shall  be  provided  with  a  railing 
four  feet  high  around  such  openings,  and  in  shafts  where 
elevators  or  hoists  are  running  a  barricade  at  least  six  feet 
high  shall  be  erected  and  maintained  around  such  shafts. 

TEMPORARY    FLOORS. 

Sec.  512.  Any  building  more  than  three  stories  high 
in  course  of  construction  shall  have  the  joists,  beams  or 
girders    of    each    and    every    floor    below    the    floor    or    level 


613 

where  any  work  is  being  done,  or  about  to  be  done,  co\ 
with  scaffold  boards  laid  close  together,  or  with  other  suit- 
able materials,  to  protect  the  workmen  from  falling  between 
ji 'ists  or  girders,  and  from  falling  bricks,  rivets,  tools  or  other 
substances  whereby  life  and  limb  arc  endangered. 

THE  O  INSTRUCTK  >N   I  i]       <    \V\ ■<  >LDS 

Permit  for  Scaffolds. 

Sec.  513.  h  shall  be  unlawful  for  any  person,  firm 
corporation  to  erect,  build  or  maintain,  or  cause  to  be 
erected,  built  or  maintained,  over  or  upon  any  building,  any 
Folding  without  first  obtaining  the  written  permission  of 
the  inspector  of  buildings,  which  permit  shall  state  fully  for 
what  purpose  said  scaffolding  is  to  be  erected  and  used; 
and  such  scaffolding  shall  not  be  used  for  any  purpose  other 
than  that  designated  in  such  permit.  A  general  permit  for 
the  construction  of  a  building  shall  carry  with  it  the  righl 
to  construct  scaffolds. 

SAFETY  OF  SCAFFOLDS. 

Sec.  514.     It   shall  be  unlawful   for  any   person,   firr 
corporation  to  erect,  maintain,  supend,  swing  or  use,  or  cause 
to   be   erected,   maintained,    suspended,   swung   or   used,   any 
scaffold  or  staging,  unless  the  same  be  of  sufficient  strength 

upport  the  weight  placed  thereon  and  of  sufficient  width 
to  prevent  any  person  working  thereon  or  any  materials 
placed  thereon  from  falling. 

It    shall  be  unlawful   for  any  person,   firm  or  corporation 

suspend   or  cause   to   be   swung  or   suspended, 

verhead    support    or    supports,    any    staging    or 

scaffolding,   more  than   twenty    (20)    feet    above   the   ground 

or  floor,  unless  the  same  shall  have  when  in  use  a  safety  rail, 

rising  at    least    thirty-four    1 34 1    inch'  :vel,   and 

nding   along  the  outer  edge  ami  the  ends  of 


614 

staging  or  scaffolding,  and  unless  the  same  shall  be  provided 
with  braces  sufficient  to  sustain  the  weight  of  a  man's  body, 
and  to  prevent  said  staging  or  scaffolding  from  swaying 
from   the  building  or   structure  from   which   it   is   suspended. 

FENCES. 

Sec.  515.  Fences  of  wood  shall  not  be  erected  over 
seven  (7)  feet  high  above  the  surface  of  the  ground,  and 
shall  be  properly  supported  and  braced. 

BILL  BOARDS,  SIGN   BOARDS,  ROOF  SIGNS 

Sec.  516.  Bill  boards  and  sign  boards.  It  shall  be  un- 
lawful to  erect,  construct  or  maintain  within  the  corporate 
limits  of  Salt  Lake  City,  any  sign  board,  bill  board,  roof 
sign  or  other  structure  of  the  height  of  seven  feet  or  more, 
used  or  intended  to  be  used  for  advertising  purposes  with- 
out first  obtaining  a  permit  therefor  from  the  building  in- 
spector of  said  city.  It  shall  be  unlawful  to  erect,  construct 
or  to  hereafter  maintain  within  fifteen  (15)  feet  of  the  prop- 
erty line  of  any  street  or  sidewalk  any  bill  board  or  other 
structure  over  seven  feet  high  used  or  intended  to  be  used  for 
advertising  purposes.  Bill  boards  erected  within  fifteen  (15) 
feet  of  any  sidewalk  or  street,  and  of  the  height  of  over 
seven  (7)  feet  shall  be  set  upon  and  fastened  to  posts  of  not 
less  than  4x4  inches  in  dimension,  not  more  than  seven  (7) 
feet  apart,  and  set  at  least  three  (3)  feet  in  the  ground: 
and  said  bill  boards  or  sign  boards  shall  be  braced  by  2x6- 
inch  braces,  one  brace  to  each  post,  said  brace  to  be  securely 
fastened  to  or  above  the  middle  of  said  posts,  the  other  end 
securely  fastened  to  a  post  well  anchored  in  the  ground : 
said  braces  shall  be  placed  at  an  angle  of  not  less  than  forty- 
five  (45)  degrees  from  the  horizontal.  Bill  boards  or  sign 
boards  within  (15)  feet  of  any  sidewalk  or  street  shall  not  be 
over  fifteen  (IS)  feet  high,  and  shall  be  fastened  to  and 
supported   by   posts   not   less   than  4x6  inches   in    dimension. 


615 

set  .ii  least  three  (3)  feet  in  the  ground,  and  not  further 
apart  than  seven  (7)  feet,  and  shall  be  securely  braced  by 
timbers  not  less  than  2x6  inches  in  dimension,  one  braci 
to  each  post  inclined  at  an  angle  of  forty-five  (45)  degrees 
to  said  post,  and  securely  fastened  t. ■  or  above  the  middh 
of  said  i""-!.  tin.'  other  end  securely  fastened.  And  it  shall 
be  unlawful  to  erect  or  maintain  any  such  sign  board,  bill 
board  or  other  structure  herein  mentioned,  without  leaving 
an  open  space  of  nol  less  than  two  (2)  feet,  measured  from 
the  surface  >>i  the  ground  vertically  to  the  lowest  point  oi 
said  sign  board,  bill  board  or  other  structure.  All  posts 
and  braces  used  m  the  construction  of  said  bill  boards  or 
sign  boards  shall  be  of  sound  Oregon  fir,  or  of  equally  strong 
and  durable  material:  Provided,  however,  that  nothing  in 
tins  ordinance  shall  be  construed  to  require  a  permit  for  the 
erection  of  or  advertising  on  fences,  sides  <<i  buildings  oi 
temporary  structures  less  than  seven  feet  high  used  for 
advertising  purposes.  Roof  signs  or  sign  boards  attached  to 
or  placed  up. on  the  roofs  of  buildings  shall  be  made  of 
iron,  attached  to  metal  frames  with  iron  uprights,  thoroughl) 
secured  to  the  building  by  iron  or  metal  anchors,  bolts, 
staple  supports,  chains,  guys  or  brace-  \nd  the  footings 
of  the  same  shall  be  .mule  iron  with  flanges  not  less  than 
two  i  J  i  inches  wide,  and  there  shall  be  a  walk  all  around 
said  sign  or  board  not  less  than  four  (4)  feet  in  the  clear,  and 
such  walk  must  be  six  (6)  feel  in  the  clear  from  roof  to 
under  side  of  such  sign  or  board. 

issuing  permits   for   the  construction   of  bill   boards 
irds,   said   building    inspector   shall    cl  fee 

of   twenty-five   ($0.25)    cents   for  each   and   every   permil 
issued.      No   permit    shall   be    issued    to  any   person,   firm   or 
corporation    to    construct    or    erect    any    bill    board    or    sign 
boar  her  structure   used   or   intended   to   be   used 

advertising  purposes  within  fifteen  (15)   Fei  my  sidewalk, 

street,  alley  or  wa\    of  -aid   city,  or  to  construct   or  ei 
roof  sign,  mile--   such   person,  firm   or  corporation   applying 
for  such   permit    -hall    first   make,   execute   and   deliver   to   -aid 


616 

Salt  Lake  City  a  bond  in  the  sum  of  five  thousand 
($5,000.00)  dollars,  with  sureties  to  be  approved  by  the 
board  of  commissioners  of  said  city,  conditioned  to  the  ef- 
fect that  said  person,  firm  or  corporation  shall  save  the  city 
harmless  from  any  and  all  damages  it  may  sustain  by  rea- 
son of  the  existence  of  or  collapse  or  fall  of  any  bill  board 
or  sign  board  constructed  by  or  owned  or  controlled  by  said 
person,  firm  or  corporation,  or  by  reason  of  the  lack  of 
repair  of  the  same ;  Provided,  however,  that  this  ordinance 
shall  not  be  construed  to  require  a  separate  bond  for  each 
permit ;  but  any  person,  firm  or  corporation  engaged  in  the 
business  of  erecting  and  maintaining  bill  boards  or  sign 
boards  for  advertising  thereon,  shall  be  required  to  give 
only   one  bond  in   said   sum   to  cover  all   permits. 

SIGNS. 

Sec.  517.  All  signs  now  erected,  or  that  may  be  here- 
after erected,  on  the  top  of  any  building,  or  attached  to  the 
wall  of  any  building  and  that  may  become  unsafe,  shall  be 
removed  upon  notice  so  to  do  from  the  inspector  of  build- 
ings. No  sign  exceeding  twenty  square  feet  in  size  shall 
hereafter  be  erected  on  any  building  without  a  permit  from 
the  inspector  of  buildings  and  full  compliance  with  the  law. 
No  sign  exceeding  three  and  one-half  (3j4)  feet  in  width,  or 
ten  (10)  feet  in  height,  shall  hereafter  be  attached  to  any  build- 
ing, unless  such  sign  is  constructed  wholly  of  metal  or  non- 
combustible  material.  When  two  or  more  signs  are  placed  on 
any  building  one  above  another,  the  width  or  height  of  the  sign 
shall  be  measured  as  if  there  were  but  one  sign,  and  the  spaces 
between  the  signs  shall  be  included  in  the  width  of  the  signs, 
unless  there  be  a  clear  space  of  at  least  six  feet  between  the 
signs.  No  sign  shall  hereafter  project  more  than  thirteen 
feet  over  the  building  line  of  any  street  or  alley;  nor 
shall  any  projecting  sign  be  placed  nearer  than  eight  (8") 
feet  to  the  ground  or  pavement  of  any  street  or  alley,  nor  be 
so  placed  as  to  obstruct  any  fire  escape,  or  interfere  with  the 


617 

operations  of  the  fire  department.  Every  sign  hereaftei 
erected  upon  any  building  shall  be  supported  upon  heavy 
iron  braces  bolted  to  the  walls  or  roofs  of  the  buildings  in  a 
firm  and  secure  manner.  All  signs  hereafter  erected  ex 
tending  over  any  street,  sidewalk,  alley  or  wa\  more  than 
three  feel  from  the  property  line  shall  be  constructed  of 
metal  or  other  non-combustible  material  and  illuminated 
with  lights  of  not  k>s  than  five  candle  power  to  each  square 
fool  of  surface. 

TEMPORARY  STAGING  ON  ROOFS. 

Sec.  518.  No  temporary  staging  of  any  kind  nor  stand 
for  observation  purposes  shall  be  constructed  of  wood  upon 
the   roi  if  i  if   any   building. 

MISCELLANEOUS  PROVISIONS. 

Removal  of  Paint  from  Buildings. 

Sec.     519.       It     shall     be     unlawful     for     any     person     to 

undertake   the   removal   of   paint    from   any    wooden    building 

or  other   structure   by   the  process  of   burning    without    first 

having  given   the  chief  of  the  fire  department   at  least  three 

lays*   written   notice  of   intention   to   perform    said   work. 

IXSI'i  l    rOR  OF    BUILIXINGS   TO   STOP  CONSTR1  < 
TION   OF  CERTAIN'    BUILDINGS. 

Sec.  520.  The  inspector  of  buildings  shall  have  the 
p..wer  to  stop  the  construction  of  any  building  or  the  making 
of  any  alteration  or  repairs  to  any  building  when  the  same 
is  done  in  a  reckless  or  careless  manner,  or  in  violation  of 
any  of  the  provisions  of  this  ordinance,  and  to  order  in 
writ i no-  any  and  all  persons  in  any  way  or  manner  whatever 

tged  in  so  constructing,  altering  or  repairing  any  such 
building,  to  stop  and  desist  therefrom,  and  the  person  or 
persons   so  ordered    shall    immediately   comply    therewith 


618 

INSPECTOR'S   RIGHT  TO  ENTER   BUILDINGS. 

Sec.  521.  The  inspector  of  buildings,  so  far  as  may 
be  necessary  for  the  performance  of  his  duties,  shall  have  the 
right  to  enter  any  new  or  unoccupied  building,  or  any  build- 
ing under  construction,  repair  alteration  or  removal,  or  any 
building  alleged  to  be  unsafe,  or  a  menace  to  life  and  limb, 
upon  showing  his  badge  of  office. 

TENEMENT  HOUSES. 

Sec.  522.  Height.  The  height  of  any  tenement  house 
hereafter  erected,  exclusive  of  anv  roof  or  appendages,  shall 
not  exceed  one  hundred  (100)  feet,  nor  one  and  a  half  times 
the  width  of  the  street,  alley  or  court  on  which  it  abuts, 
except  that  any  distance  the  building  set  back  from  the  lot 
line  shall  be  added  to  the  width  of  the  street,  alley  or  court 
in  making  this  computation,  and  provided  that  no  such  tene- 
ment house  shall  be  over  three  (3)  stories  high,  unless  it 
is  a  building  of  Class  "A"  or  Class  "B."  No  existing  tene- 
ment shall  be  increased  beyond  the  height  specified  in  this 
section. 

AREA  OF  LOT  OCCUPIED. 

Sec.  523.  No  tenement  house  hereafter  erected  alone 
or  with  other  buildings  shall  occupy  more  than  ninety  (90) 
per  cent  of  a  corner  lot,  or  more  than  sixty-five  (65)  per 
cent  of  any  other  lot :  provided,  that  the  space  occupied  by 
outside  fire  escapes,  porches,  landings  and  stairs  shall  not 
be  included  in  computing  the  space  occupied  by  the  building. 
For  the  purpose  of  this  section  the  measurements  shall  be 
taken  at  the  ground  level,  except  that  where  the  first  story 
of  any  building  is  or  is  intended  to  be  occupied  for  business 
purposes  only,  the  measurements  as  to  percentage  of  lot 
occupied  may  be  taken  at  the  level  of  the  second  floor. 


619 

RE  \k   YARDS. 

Sec.  524.  In  the  reai  A  /er)  tenement  house  on  an 
interior  lol  there  shall  be  a  yard  not  less  than  ten  feet  in 
depth,  extending  across  the  entire  width  of  the  lol  (un 
•In  rear  of  such  lot  abuts  upon  a  public  alley  at  leasl  fifteen 
feet  wide),  and  at  every  point  open  from  the  ground  to  the 
sky  unobstructed,  except  that  fire  escapes  ma)  project  not 
over  four  feet  from  the  roar  line  of  the  house.  Ever}  such 
yard  shall  be  increased  one  per  centum  of  the  superficial  area 
for  every  story  above  three  m  height  of  the  building.  The 
depth  of  the  yani  behind  every  tenement  house  hereafter 
erected  upon  a  corner  lot  shall  not  be  less  than  five  feet 
in  every  part  for  the  full  width  of  the  lot  (unless  the  rear 
of  such  lot  abuts  upon  a  public  alley  at  least  fifteen  feet 
wide).  Where  a  corner  lot  is  mere  than  fifty  feel  in  width 
with  the  yard  for  that  portion  in  excess  of  fifty  feel  shall 
conform  to  the  provisions  for  interioi  lots  If  any  building 
is  hereafter  placed  on  tile  same  lot  with  a  tenement  house, 
the  space  between  the  -aid  buildings  shall  always  be  of 
such  size  and  arranged  in  such  maimer  as  is  prescribed  for 
yards  in  the  rear  of  tenement  houses,  and  no  building  '•!"  any 
kind  shall  be  hereafter  placed  upon  the  same  lot  with  a 
tenement  house  so  as  to  decrease  the  minimum  size  of  yards 
or  courts  as  herein  prescribed.  If  any  tenement  house  is 
hereafter  erected  upon  any  lot  upon  which  there  i-  alread) 
another  building,  it  shall  compl)  with  all  of  the  provisions 
of  this  ordinance  and  in  addition  the  space  between  the  said 
building  and  the  said  tenement  house  shall  be  of  such  size 
and  arranged  in  such  manner  as  is  herein  prescribed;  provided. 
that    the    height   of    the    highest    building    on    the    lot    shall 

date  the  dimensions. 

ALL   COURTS    I\   CONNECTION   WITH   TENEMEN'J 

HOUSES. 

Sec.  525.     1  nles-  otherwise  hereinafter  prescribed,  shall 
be    at   every   point   open   to   the   sky   unobstructed;  provided. 


east 

width. 

6  feet 

7  feet 

8  feet 

12  feet 

16  feet 

620 

that  fire  escapes  projecting  not  more  than  four  feet  shall 
not  be  deemed  obstructions.  The  "Enclosed  Courts"  of  all 
tenement  houses  hereafter  erected  shall  have  areas  and 
minimum  widths  in  all  parts  not  less  than  the  widths  and 
areas,  as  follows: 


Building.  Square  feet  of  area. 

2  stories  100 

3  stories  120 

4  stories  160 

5  stories  250 

6  stories  400 


For  every  story  of  increase  above  six  the  least  width 
of  enclosed  courts  shall  be  increased  four  feet  and  the  area 
shall  be  increased  not  less  than  one  hundred  square  feet. 

"Side  Courts"  shall  have  areas  and  minimum  widths, 
as  follows : 

Building.  Square  feet  of  area.  Least  width. 

2  stories  60  5  feet 

3  stories  Si  >  5  ft.  6  inches 

4  stories  120  6  feet 

5  stories  160  7  feet 

6  stories  300  8  feet 

"Outer  Courts"  shall  have  not  less  than  the  following 
widths  for  their  minimum  in  all  parts. 

Building. 

2  stories 

3  stories 

4  stories 

5  stories 

6  stories 


Least 

width. 

4  feet 

4  ft.  6 

inches 

5  feet 

6  feet 

7  feet 

621 

"Through  Courts"  shall  have  not  less  than  the  following 
widths  for  their  minimum,  in  all  part-.; 

Building.  Least  width. 

i  ies  3  feel 

3  stories  4  feet 

4  stories  5  feet 

5  stories  6  feet 

iries  ~  feet 

For  every  story  of  increase  above  six,  the  least  width  oi 
"Outei  Courts"  -hall  be  increased  by  one  foot.  It  an 
"enclosed"  "Outer,"  "Side,"  or  "Through"  courl  or  shafl  lias 
windows  on  the  opposite  sides  of  same,  the  least  widths 
and  areas  given  in  the  above  table  shall  be  doubled  for  the 
minimum  width  and  area-,  and  where  the  depth  of  the  court 
shall  exceed  twenty  (20)  feet,  the  court  shall  be  made  at 
least  one  ill  foot  wider  for  each  additional  ten  (10)  feet 
Over  twenty  (20)  feet  from  the  outer  end  of  the  court,  bul 
where  the  depth  of  a  "Through  Court"  shall  exceed  twenty 
(20)  feet  from  any  window  to  the  nearest  end  of  said  court, 
the  width  of  such  court  shall  be  increased  at  least  -i\  inches 
for  every  additional  twenty  feet  or  major  fraction  thereof. 
At  the  bottom  of  ever}  enclosed  court  there  shall  be  provided 
sufficient  means  of  access  to  -itch  court  to  enable  it  to  be 
properly  cleaned. 

STAIRW  AYS  -WD  II  \I.IA\  AYS. 

Sec.  526.  i.ai  Every  tenement  house  having  more  than 
five  rooms  above  the  second   story,  when   nol    a   building   of 

\  "A"  or  Class  "1'.."  shall  have  at  least  two  stairv 
leading  from  the  ground  to  the  upper  story  and  ever)  such 
stairway  shall  have  the  soffits  plastered  of  covered  with 
approved  non-inflammable  materials;  and  such  buildings 
shall  further  have  -itch  a  number  of  stairway-  and  so  located 
that    the    entrant  ■    in    such    building    shall    not 

40 


622 

be  more  than  une  hundred  feet  from  a  stairway.  When  such 
buildings  shall  have  more  than  ten  rooms  above  the  second 
story,  then  all  stair  partitions  shall  be  of  approved  fireproof 
materials,  and  the  stair  soffits  shall  be  covered  with  metallic 
lathings  and  plastered  or  covered  with  other  approved  fire- 
proof materials.  Every  tenement  house  not  of  class  "A" 
or  class  "B,"  where  the  lower  story  is  occupied  for  any 
business  except  offices  shall  have  the  stairways  leading  to 
the  basement  and  to  the  second  story  enclosed  with  approved 
fireproof  partitions,  and  the  stair  soffits  with  metallic 
lathing  and  plastered  or  covered  with  other  approved  fire- 
proof materials.  The  stairs  and  the  public  halls  in  every 
tenement  house  shall  each  be  at  least  three  feet  wide  in  the 
clear  and  every  apartment  shall  be  directly  accessible  to 
both  such  flights  of  stairs.  All  stairways  shall  be  provided 
with  proper  hand  rails,  balusters  ami  newels  and  shall  be 
kept  in   good   repair. 

(b)  Every  non-fireproof  tenement  house  containing 
over  twenty-six  apartments  or  suites  of  rooms  above  the 
entrance  story  shall  have,  in  addition  to  the  stairways  re- 
quired in  sub-division  "a"  of  this  section,  a  stairway  for 
every  additional  twenty-six  apartments  or  fraction  thereof, 
and  in  lieu  of  an  additional  stairway,  the  stairs,  stair  halls 
and  entrance  halls  throughout  the  entire  building,  shall  each 
be  at  least  one-half  wider  than  is  specified  in  sub-division 
"a"  of  this  section.  Every  fireproof  tenement  house  here- 
after erected,  containing  over  thirty-six  apartments  or  suites 
of  rooms  above  the  entrance  story,  shall  have,  in  addition 
to  the  stairways  required  in  sub-division  "a"  of  this  section, 
an  additional  staircase  for  every  additional  thirty-six  apart- 
ments or  fraction  thereof,  but  if  said  house  contains  not 
more  than  forty-eight  apartments  above  the  entrance  floor, 
in  lieu  of  an  additional  stairway,  the  stairs,  stair  halls  and 
entrance  halls  throughout  the  entire  building  shall  each  be 
at  least  one-half  wider  than  specified  in  sub-division  "a" 
of  this  section. 


623 

In  all  tenement  houses  three  pr  more  stories  in 
height  the  stairs  leading  to  the  cellar  may  be  located  inside 
of  the  building,  provided  they  arc  entirely  enclosed  with 
brick  walls  or  other  fireproof  partitions,  ceilings  and  sell- 
closing  doors.  Any  new  stairs  thai  may  hereafter  be  con 
structed,  leading  from  the  first  story  to  the  cellar,  shall  be 
enclosed   with   brick    walls  or  other   firep  irtitions,  and 

the  openings  at   top  and  bottom  shall  be  provided  with  self 
closing   fireproof  doors.      In    non-fireproof   tenemenl    hoi 
no  closet   of  any  kind  shall  be  constructed  or  allowed   under 
any  staircase  in  a  public  hall.     The  md  stair  halls  in 

all  tenement  houses  three  or  more  Stories  in  heighl  shall 
be  constructed  of  incombustible  material  throughout,  ex- 
cept the  treads  of  stairs  and  handrail-  It  any  existing 
tenement  house  be  so  altered  as  to  increase  the  number  of 
apartments  therein,  or  if  such  building  be  increased  in 
height,  or  if  the  halls  and  stairs  therein  be  damaged  by 
fire  or  otherwise  to  .m  extenl  greater  than  one-half  the 
original  cost  thereof,  the  stair  halls  and  stairways  of  the 
-aid  building  shall  be  made  to  conform  to  the  requirements 
of  new  tenement   hoUS 

WINDOWS    IX    HALLWAYS. 

Sec.  527.  In  all  tenement  houses  three  or  more 
ries  in  height,  every  public  hallway  shall  have  at  least 
one  window,  not  less  than  twelve  square  feet  in  area,  open- 
ing directly  upon  the  street  or  upon  a  yard  or  court;  pro- 
vided that  in  existing  tenement  houses  nol  already  equi] 
with  such  windows,  in  lieu  of  such  windows  there  may  be 
in  the  roof  directly  over  each  stairway  a  ventilating  sky- 
light having  a  minimum  opening  of  one  hundred  -quare 
inches.  The  glazed  roof  of  such  skylight  shall  not  be 
than  twenty-five  (25)  square  feet  in  area.  All  existing 
obstructions  t..  skylighl  ventilation  shall  be  removed.  Any 
part    <^i   a    public   hallway    shut    off    from    any    other    part    of 


624 

said  hallway  by  a  door  or  doors  shall  be  deemed  a  separate 
hallway  in  the  meaning  of  this  section. 

HEIGHT   AND   SIZE   OF   ROOMS. 

Sec.  528.  Every  room  in  every  tenement  hereafter 
built,  and  in  every  building  hereafter  altered  to  be  used 
as  such,  shall  not  be  less  than  eight  feet  in  height  in  the 
clear  in  every  story  (except  that  in  the  attic  it  may  be 
less  than  eight  feet  high  for  not  more  than  one-half  the 
area  of  the  room).  In  every  tenement  house  all  rooms, 
except  water  closet  compartments  and  bathrooms,  shall  be 
of  the  following  minimum  sizes :  In  each  apartment  there 
shall  be  at  least  one  room  containing  not  less  than  one 
hundred  and  twenty  square  feet  of  floor  area,  and  every 
room,  except  water  closet  compartments  and  bathrooms, 
shall  contain  at  least  seventy  square  feet  of  floor  area  and 
not  less  than  six  hundred  cubic  feet  of  contents.  Alcove 
rooms  shall  conform  to  all  the  requirements  of  other  rooms. 

WINDOWS. 

Sec.  529.  Every  room  in  every  tenement  house  shall 
have  at  least  one  window  opening  directly  upon  the 
street  or  upon  a  yard  or  court,  and  the  total  window  area 
in  each  room  shall  be  at  least  one-eighth  the  superficial 
area  of  the  room,  but  never  less  than  twelve  square  feet  in 
area  between  the  stop  beads.  It  shall  be  unlawful  after  the 
passage  of  this  ordinance,  to  construct  any  room  in  any 
apartment  house,  hotel,  tenement  or  lodging  house,  which 
is  not  provided   with   outside  windows   as  above   required. 

FIRE  ESCAPES. 

Sec.  530.  Every  existing  and  new  tenement  house  three 
or  ni( ire  stories  in  height,  shall,  in  respect  to  fire  escapes, 
conform  in  every  particular  to  the  requirements  relating  to 
fire  escapes. 


625 
WATER   <  U  (SETS. 

Sec.  531.  In  every  tenement  house  hereafter  ere< 
or  building  converted  to  tenement  house  purposes,  there 
shall  be,  except  as  hereafter  provided,  a  separate  water 
closet  for  each  apartment,  placed  within  the  apartment  in 
a  separate  compartment  with  a  minimum  width  not  less  than 
two  feel  six  inches  in  the  clear.  Said  compartment  shall 
be  enclosed  with  plastered  partitions  extending  from  the 
floor  to  the  ceiling.  But  nothing  in  this  section  shall  pre- 
sent a  water  closet  from  being  placed  in  a  bathroom,  or 
in  a  compartment  adjoining  a  bathroom;  provided,  the  said 
compartment  has  a  window  opening  on  a  street,  alley. 
yard  or  court,  or  is  connected  with  the  bathroom  by  a 
window  containing  not  less  than  fifteen  square  feet  of  sur- 
both  sashes  of  which  shall  readily  open.  When,  how- 
ever, apartments  consist  of  one  or  two  rooms  each,  tl 
ma\  be  one  water  closet  fur  each  two  apartments;  provided, 
the  aggregate  number  of  rooms  in  the  two  apartments  does 
not  exceed  three,  and  provided  further,  that  the  water  closet 
is  between  or  adjacent  t"  the  apartments  and  is  not  sepa 
rated  from  either  of  them  by  a  public  hallway,  and  is 
accessible  t"  each  of  them  without  passing  through  a 
room  of  another  apartment.  Each  bathroom  and  each  water 
closest  compartment  shall  have  a  window  opening  upon  a 
street,  alley,  yard  or  court.  Such  a  window  shall  have  an 
area  of  at  least  three  square  feet  tor  each  compartment 
between  the  stop  beads,  and  the  entire  window  shall  be 
constructed  so  as  to  readily  open.  When,  however,  a 
bathroom  or  a  water  closet  compartment  on  the  top  floor 
is  lighted  and  ventilated  by  a  skylight  over  it,  no  win 
shall  be  necessary:  provided,  the  roof  of  such  skylight  con- 
tains at  least  three  square  fee  azed  surface  and  is 
arranged  so  as  to  readily  open.  Every  water  closet  i 
partment  shall  he  provided  with  tin-  proper  means  of  light- 
ing the   same  at   night. 


626 


CELLAR    CEILINGS    TO    BE    PLASTERED. 

Sec.  532.  The  ceilings  over  every  cellar  or  basement  of 
all  tenement  houses  shall  be  plastered,  when  more  than  three 
stories  in  height  ;  the}-  shall  be  lathed  with  wire  or  metal  lath 
and  plaster  thereon  with  two  coats  of  brown  mortar  of  good 
materials. 

Sec.  533.  All  ceilings  and  stud  partitions  of  tenement 
houses,  and  furred  walls  of  the  same,  when  plastered  with 
lime  mortar  on  wood  lath,  must  have  not  less  than  one-half 
inch  key,  leaving  space  between  ends  of  lath. 

PENALTY. 

Sec.  534.  Any  person  violating  any  of  the  provisions 
of  this  ordinance  shall,  upon  conviction  thereof,  be  punished 
by  a  fine  in  any  sum  not  exceeding  fiftv  dollars  or  by 
imprisonment  for  a  period,  not  lunger  than  thirty  days.  The 
court  may,  in  imposing  a  fine,  enter  as  part  of  the  judg- 
ment, that  in  default  of  the  payment  of  the  fine  the  de- 
fendant may  be  imprisoned  in  the  city  jail  for  a  period  not 
exceeding  thirty  days. 

CONTINUED  VIOLATION. 

Sec.  535.  Every  day's  continuation  of  a  violation  of 
any  of  the  provisions  of  this  ordinance  shall  be  deemed  to 
be  a  separate  and  distinct  offense. 


627 


CHAPTER    IX. 

ril'Y    AUDITOR. 

Section  536.  Duties  in  relation  to  finance.  City  auditor. 
The  city  auditor,  shall  draw  and  countersign  all  orders  upon 
the  treasurer  in  pursuance  of  any  order  or  resolution  of  the 
board  of  commissioners,  and  keep  a  full  and  accurate  account 
thereof  in  books  provided  for  that  purpose;  shall  make 
tn  the  board  of  commissioners  from  time  to  time,  upon 
the  order  of  the  board  of  commissioners,  reports  of  the  finan- 
cial condition  of  the  city;  shall  make  and  keep  a  lis 
outstanding  bonds,  to  whom  issued,  for  what  purpose, 
when  and  where  payable,  and  the  rate  of  interest  they 
respectively  bear,  and  recommend  such  action  to  the  board 
nf  commissioners  as  shall  secure  the  paymenl  of  the  princi- 
pal and  int'  such  bonds;  shall  report  annually,  on 
or  before  the  Isl  da)  of  June,  to  the  board  of  commissioners, 
an  estimate  of  the  expenses  of  the  city  and  of  the  revenue 
necessary  to  be  raised  for  the  current  year:  shall  keep 
regular  books  of  account  in  which  he  shall  enter  all  in- 
debtedness «'t'  the  city  and  which  shall  at  all  times  show 
the  financial  condition  of  the  city,  the  amount  of  bonds, 
orders,  certificates,  or  ether  evidences  of  indebtedness  issued 
by  the  board  of  commissioners,  the  amount  of  all  bonds, 
order-,  certificates,  or  other  evidences  of  indebtedness  which 
have  been  redeemed,  and  the  amount  of  each  outstanding; 
-hall  keep  account--  with  all  receiving  and  disbursing 
officers  of  the  city,  showing  the  amount  they  have  received 
from  the  different  source-  of  revenue  and  the  amount  which 
they  have  disbursed  under  the  direction  of  the  board  of 
commissioners;  shall  examine  all  reports,  books.  pa| 
vouchers,  and  accounts  of  the  city  treasurer;  shall  audit  all 
claim-  and  demands  against  the  city  before  they  are  allowed 
hv  the  board  of  commissioners;  and   shall   keep  a   record  of 


628 

claims  presented  and  the  action  of  the  board  of  commis- 
sioners thereon ;  and  shall  perform  such  other  duties  as 
the   board   of   commissioners   may    provide   by   ordinance. 

Sec.  537.  Certification  of  bonds  and  warrants.  The 
city  auditor  shall  indorse  a  certificate  upon  every  bond, 
warrant,  or  other  evidence  of  debt,  issued  pursuant  to  law, 
that  the  same  is  within  the  lawful  debt  limit  of  the  city 
and  is  issued  according  to  law.  He  shall  sign  such  certifi- 
cate in  his  official  character. 

Sec.  538.  Provisions  governing.  Warrants  for  interest 
on  the  bonded  debt,  for  salaries,  and  for  the  current  expenses 
of  the  city,  may  'be  certified  by  the  city  auditor  to  be  within 
the  lawful  debt  limit  of  the  city,  whenever  the  same,  to- 
gether with  all  other  indebtedness  of  the  city  shall  not 
exceed  the  amount  of  the  indebtedness  of  the  city  at  the 
time  of  the  admission  of  this  state  into  the  union,  in 
addition  to  the  whole  amount  of  taxes  of  such  city,  for  the 
year  in  and  for  which  such  warrant  or  warrants  are  issued. 

Sec.  539.  Protection  of  officer  certifying.  Whenever 
the  board  of  commissioners  of  the  city  shall  find  or  declare 
that  any  appropriation  or  expenditure  for  which  a  warrant 
or  warrants  are  to  be  issued,  was  or  is  for  interest  upon  the 
bonded  debt,  for  salaries,  or  for  the  current  expenses  of  the 
city,  such  finding  shall  conclusively  protect  the  city  auditor, 
as  to  such  facts,  in  certifying  any  warrant  or  warrants 
therefor  to  be  within  the  lawful  debt  limit  of  the  city. 

Sec.  541.  Financial  statement  of  cities  to  be  published 
annually.  Contents.  The  city  auditor  shall  prepare  and 
publish,  on  or  before  the  first  Monday  in  February  of  each 
year,  in  some  newspaper  having  a  general  circulation  in 
the  city,  a  detailed  statement  of  the  financial  condition  of 
the  city,  and  of  all  the  receipts  and  expenditures,  for  the 
previous   year,    ending   December   31st;    provided,    that,    upon 


629 

the  expiration  of  his  term  of  office,  and  before  his  succ< 
enters  upon  his  duties,  said  auditor  shall  make  and  prepare 
said  statement,  properly  attested,  for  the  use  and  benefi 
his  successor  in  office,  showing 

1.  The  total  receipts  of  the  city,  stating  particularly 
the  :  ;  each  portion  of  the  revenu<  ; 

2.  The  amount  of  cash  <>n  hani  ii  the  lasl 
report ; 

3.  The  amount   of  sinking   fund,  and  how    invested; 

4.  The  number,  date,  and  amount  of  every  bond  issued 
or  redeemed,  and   the  amount   received  or  paid   therefor; 

5.  The  indebtedness  of  the  city,  funded  and  floating, 
stating  the  amount  of  each  class  and  the  rate  of  interest 
borne  by  such  indebtedness  or  an)    part   thereof; 

6.  The  amount  of  cash  in  the  city  treasury,  and  in 
it-  several  funds  . 

7.  The  total  expenditures  of  the  city,  as  shown  by 
the  warrant-  issued,  giving  in  total  the  ami 'tint  expended 
in   each   departmi 

Sec.  542.  Transfer  of  books  in  his  custody  at  the 
expiration  of  his  term  of  office.  The  city  auditor  shall, 
within  five  days  after  the  expiration  of  his  term  of  office, 
after    notification   and    request,   deliver    to    his  ir   in 

office,  all  properties,  bonks  and  effects  of  ever)  description 
in  In-  p..--e--ii>n  belonging  t<>  the  city  or  appertaining  to 
hi-  said  office;  and.  upon  his  refusal  so  to  do,  he  shall 
be  liable  for  all  damages  caused  thereby,  and  shall  he  deemed 
guilty  of  a  misdemeanor. 

Sec.  543.  Salary.  The  salary  of  the  city  auditor  -hall 
Ik-  twenty-four  hundred  dollars  per  annum,  payable  monthly 
a-  are  the  salaries  of  other  city  officials. 

Sec.     544.       Oath.       Bond.       The     audit"!"     -hall,     b< 
assuming   the   duties   of   hi-   office,    take   and    subscribe   the 


630 

constitutional  oath  of  office,  and  shall  furnish  a  bond  of 
twenty   thousand   dollars   as   provided   by   law. 

Sec.  545.  Appointments.  Deputies.  Assistants.  The 
board  of  commissioners  shall  appoint  a  competent  person 
to  the  position  of  deputy  auditor,  at  a  salary  of  eighteen 
hundred    ($1,800.00)   dollars  per  annum. 

In  the  absence  of,  or  during  the  disability  of  the  city 
auditor,  the  deputy  auditor  shall  exercise  all  the  functions 
and  powers  of  the  city  auditor.  He  shall  give  bond  to  the 
city  in  the  sum  of  five  thousand   ($5,000.00)    dollars. 

One  deputy  license  assessor  at  a  salary  of  fifteen  hundred 
($1,500.00)  dollars  per  annum.  Such  deputy  license  assessor 
shall  give  bond  to  the  city  in  the  sum  of  one  thousand 
($1,000.00)    dollars. 

One  license  inspector  at  a  salary  of  ten  hundred  and 
eighty   ($1,080.00)   dollars  per  annum. 

One  license  inspector  at  a  salary  of  ten  hundred  and 
twenty    ($1,020.00)    dollars   per  annum. 

One  chief  accountant  at  a  salary  of  fifteen  hundred 
($1,500.00)    dollars  per  annum.  ,b-,t 

One  warrant  clerk  at  a  salary  of  itdtirtefl'n  ihundred  and 
fifty  ($1,350.00)  dollars  per  annum. 

One  bookkeeper  at  a  salary  of'  ten  'hundred  and  eighty 
($1,080.00)   dollars  per  annum. 

Three  clerks  at  a  salary   not   tf§   <  \r, v,l    twelve   hundred 

($1, 200.00)    dollars   each   per 'annum. 

c    ■  .        ,      •  ,    rl  '     .  ,  ,  >  ,  .      . 

Said  salaries  are  to  be  paid  numthlv,  as.  are  the   salaries 
r      i  •         r,.  .ion  e  1 

of  other  city  officers. 

.vibIsS     •£££ 
Sec.  546.    Penary, :j;%y  ggf^  ^§Mm  fl$J-0^  the  Pro" 

visions  of  this  ordinance  -hall,  upon  ci  mvic^orj  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  Fifty  Dollars  or 
by  imprisonment  in.Uie.  c.i}y  jajj^cg  a  p^gd  no^nger  than 
thirty   days,,.  T,h,e    e,,„,t    niay,;  in^n^osjr^    fine,    enter   as 


631 

part  of  the  judgment,  that  in  defaull   of  the  payment   of  the 
Fine  the  defendanl   may  be  imprisoned  in  the  city   jail   fi 
id  not  exceeding  thirty  days. 

Auditor  -How  chosen,  Sec.  183,  Chapter  3. 
Auditor — Qualifications,  Sec.   184,   Chapter  3 

Auditoi     Vacancy,  Sec.  197,  Chapter  4 
Auditor — Nomination  and  election,  Sec    913,  Chapter  34 

Auditor — Garnishments — Sec.  3113x1,  C.  L.  1907. 
Citj   to  pa>   costs,  Sec   212x7,  C    I     V'i'~ 
Audii..i      Additional  duties,  559  560  563  565  6! 

Auditoi      Additional    duties,    see    generallj     Chaptei     on    S] 

Ta  ■ 
Auditor      Additional  duties,  see  generally  Chapter  on  Real  Estate 

Auditor      Additional  duties,  sec  generally  Chapter  on  \\ 


biZ 


CHAPTER    X. 

CITY  CEMETERY.     SEXTON. 

Section  547.  There  is  hereby  created  the  office  of  city 
sexton,  which  office  shall  be  filled  by  the  board  of  commis- 
sioners, upon  recommendation  of  the  commissioner  of  parks 
and  public  property. 

Sec.  548.  Salary.  The  city  sexton  shall  receive  a  salary 
of  twelve  hundred  dollars  per  annum,  payable  monthly  as 
are  the  salaries  of  other  city  officers. 

Sec.  549.  Oath.  Bond.  The  city  sexton,  before  enter- 
ing upon  the  duties  of  his  office,  shall  subscribe  the  consti- 
tutional oath  of  office  and  shall  furnish  a  bond  to  the  city 
in  the  sum  of  two  thousand  dollars,  conditioned  as  provided 
by  law. 

Sec.  550.  Permits.  The  city  sexton,  before  burying 
the  body  of  any  deceased  person  in  the  city  cemetery,  or 
before  permitting  the  removal  of  the  body  of  any  person 
buried  therein,  shall  require  the  production  of  a  permit 
from  the  board  of  health.  After  burial  or  removal,  the  sex- 
ton shall  endorse  upon  the  permit  the  initial  letter  of  the 
plat  and  the  number  of  block  and  lot  where  said  body  is 
buried,  or  from  which  said  body  has  been  removed,  and  shall 
forthwith  return  such  permit  to  the  board  of  health. 

Sec.  551.  Duties.  It  shall  be  the  duty  of  the  sexton 
to  take  charge  of  the  city  cemetery,  and  improve  the  grounds 
thereof,  under  the  direction  of  the  commissioner  of  parks 
and  public  property ;  to  dig,  or  cause  to  be  dug,  all  graves 
required  for  the  burial  of  the  dead  therein,  and  keep  a  record 
of  the  same. 


633 

Sec.  552.  Sale  of  lots.  Certificate.  Price.  The  sexton 
is  hereby  empowered  to  sell  lots  in  the  city  cemetery,  and 
to  collect  all  dues  arising  from  such  sales,  and  all  moneys 
so  collected  shall  be  by  him  covered  into  the  city  treasury 
as  often  as  once  a  month.  The  board  oi  commissioners  is 
hereby  empowered  to  regulate,  according  to  location,  tin- 
selling price  of  said  lots.  The  size  being  sixteen  and  one- 
half  feet  square,  the  price  of  each  of  said  lots  shall 
not  exceed  three  hundred  dollars  and  shall  nol  be 
less  than  twelve  dollars;  provided,  that  any  person  who 
has  heretofore,  or  who  may  hereafter  purchase  a  lot,  may 
pay  to  the  sexton  one  hundred  dollars  in  addition  t<>  the 
said    purchase   price,    which    payment    shall    be    received    and 

pted  by  Salt  Lake  City  as  full  compensation  for  the 
future  perpetual  care  and  maintenance  "i  said  l.<t.  and  which 
money  shall  be  converted  into  a  reserve  fund  and  placed 
at  interest  at  not  less  than  five  per  cent  per  annum.  The 
sexton  shall  give  to  each  purchaser  a  certificate  for  each 
lot  or  part  of  lot,  showing  the  description  thereof,  and 
Stating  the  price  the  purchaser  paid.  He  shall  also  givi 
each  person  making  the  payment  for  perpetual  maintenance, 
a  certificate  showing  the  fact.  He  shall  keep  duplicates  of 
all  certificates  issued  by  him  as  parts  of  tin  records  of  his 
"ffice.  All  lots  and  parts  of  lots  conveyed  as  in  this  section 
provided,   together   with   all    improvements   thereon,    shall    be 

:pt    from   execution  and  from  taxation,  except    for  water 
The   payments    mentioned    in    this    section    shall    not    he    con 
Stnied    to   be    in    payment    for    any    of    the    services    described 
in  Section  555. 

Sec.  553.  Headboards  and  tombstones.  Fences  and 
grades.  The  owners  of  lots,  or  relatives  of  deceased  per- 
sons  buried   in   said    cemetery,   are    hereby    required    to   erect 

Iboards,    tombstone    or    other    suitable    monuments    at    the 
head-  of  graves,  with  the  name  of  the  deceased   plainly  in- 
scribed    thereon;    and    if    any    person    neglects    or 
erect   such  headboard,  tombstone  or  other  suitable  monument 


634 

for  a  period  of  three  months  from  the  date  of  burial,  the 
sexton  shall  place  a  suitable  headboard  in  proper  position 
at  the  expense  of  the  person  owning  or  burying  in  said 
lot.  No  person  shall  erect  a  fence,  corner  posts  or  other 
boundary  upon  any  lot  or  lots  in  said  cemetery,  nor  grade 
the  ground  or  land  thereof,  except  under  the  direction  of 
the  sexton,  who  shall  furnish  the  true  lines  of  lots  accord- 
ing to  official  survey,  and  shall  prevent  and  prohibit  any 
grading  that  would  destroy  the  symmetry  of  the  land. 

Sec.  554.  Title.  Permit.  Disinterment.  Contagious 
disease.  It  shall  be  unlawful  for  any  person  to  bury  the 
body  of  a  deceased  person  in  the  city  cemetery  without 
first  paying  for  and  obtaining  a  certificate  of  purchase  of 
the  lot  used,  from  the  sexton,  or  if  he  does  not  own  or 
purchase  the  lot,  without  furnishing  a  written  permit  from 
the  owner  thereof,  which  permit  shall  be  filed  with  the 
sexton.  It  shall  be  unlawful  for  any  person  to  disinter 
any  body  buried  in  said  cemetery  except  under  the  direction 
of  the  sexton :  and  before  disinterment,  the  sexton  shall 
require  a  permit  from  the  board  of  health  and  a  written 
order  from  the  owner  of  the  lot  authorizing  such  removal, 
which  order  he  shall  file  and  preserve,  and  all  such  removals 
shall  be  recorded  by  him  in  a  book  kept  for  that  purpose. 
It  shall  be  unlawful  for  any  person  to  remove  the  body 
of  a  person  who  has  died  of  a  contagious  disease  within 
two  years  from-  the  date  of  burial,  except  such  a  body  has 
been  buried  in  an  hermetically  sealed  coffin,  and  is  found 
to  be  so  encased. 

Sec.  555.  Fees.  The  sexton  is  hereby  authorized  to 
collect  from  those  requiring  his  services,  the  following  fees, 
which  shall  be  by  him  covered  into  the  city  treasury  at 
least  once  a  month : 

For  digging  a  grave  four  feet  in   length   and   four   feet 

feet  six  inches  deep   $2.00 


635 

For  digging  a  grave  six  feel   six   inches  in   length   and 

five    Eeet    six    inches    deep 3.00 

For  all  graves  over  six  feel  six  inches  in  length 

For  disinterring  bodies  from  graves  four  feel   in  length.    2.00 
For  disinterring  bodies  from  a  grave  >i\   feel   six  inches 

in  length    

For  disinterring  bodies  from  a  grave  over  six   feet   six 

inches  in  length    5.00 

For  recording  each  burial  or  removal   25 

For  each  certificate  of  lot  purchased 50 

For  eaeli   certificate  of  payment    for  perpetual   mairtte 

nance    50 

sodding  each  lot 20.00 

Ml   sodding   shall   be  done  by   the  city   under  the  direc- 
tion of  the  <exton. 

Sec.  556.  Injury  to  cemetery  property  prohibited.  It 
shall  be  unlawful  for  any  person  to  injure  or  deface  any 
headstone,  tombstone,  monument,  tree,  shrub  or  an\  other 
property   in   the  city  cemetery. 

Sec.  557.  Burials  must  be  in  cemeteries.  Exception.  It 
shall  be  unlawful  for  any  person  to  l>ur\  the  body  of  a 
deceased  person  within  the  limits  of  Salt  Lake  City,  except 
in  the  burying  grounds  located  therein,  unless  by  permission 
of  the  board  of  commissioners;  and  there  shall  not  be  in- 
terred in  any  cemetery  within  the  city  limits  the  body  of 
any  person  known  to  the  law  as  a  murderer. 

Sec.  558.  Fast  riding  or  driving  in  cemetery  prohibited. 
It  shall  be  unlawful  for  any  person  to  ride  or  drive  within 
the  limits  of  the  city  cemeti  er  than  a  walk. 

Sec.    559.      Plats    of    cemeteries    to    be    recorded. 
632x5,  Chap.  29. 

Sec.   560.     Certificates   of  burial   rights   to   be   furnished. 
<^2\<>.   Chap.    29 


636 

Sec.  561.  Transcripts  of  burial  rights  to  be  filed  with 
the  county  recorder.    Sec.  632x7,  Chap.  29. 

Sec.  562.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  bya  fine  in  anysum  not  exceeding  fiftydollars  or  by 
imprisonment  in  the  city  jail  for  a  period  not  longer  than 
thirty  days.  The  court  may.  in  imposing  a  fine,  enter  as 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine  the  defendant  may  be  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 


637 


CHAPTER    XI. 
CITY    CREEK   CANY(  >N. 

Section  563.  Unlawful  to  catch  fish  or  shoot  birds,  it 
shall  be  unlawful  for  any  person  to  catch,  or  to  attempt 
to    catch    any    fish    in    City    Creek,    or    to    shoot,    or    attempt 

hoot  or  otherwise  destroj  any  bird  or  other  game  in 
City   (.'reek  Canyon. 

Sec.  564.  Destruction  of  trees.  It  shall  be  unlawful 
For  any  person  to  cut  down,  injure,  carr)  off,  or  remove  in 
an\  manner,  any  wood  or  underwood,  tree  or  timber,  or 
branches  of  trees  or  shrubbery  in  City  Creek   Canyon 

Sec.  565.  Camping  and  befouling  of  water.  It  shall  be 
unlawful  for  any  person  to  camp  on  any  laud  in  City  Creek 
Canyon,  or  to  in  any  manner  pollute  or  befott]  the  water 
of  said  creek. 

Sec.  566.  Automobiles,  etc.,  prohibited.  It  shall  be  un- 
lawful for  any  person  to  operate  or  use  or  take  into  City 
Creek  Canyon  any  motor  vehicle,  or  any  other  self-propelled 
vehicle;  provided,  however,  this  ordinance  shall  not  he  deemed 
to  apply  to  persons  using  such  vehicles  in  said  City  Creek 
Canyon  up  to  but  not  above  the  point  where  the  boulevard 
intersects  the  said  canyon. 

Sec.  567.  Penalty.  Any  person  violating  an)  oi  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  bj  a  fine  in  any  sum  not  exceeding  fift)  dollar- 1  irby 
imprisonment  in  the  city  jail  for  a  period  not  longer  than 
thirty  day-.  The  court  may.  in  imposing  a  fine,  enter  a> 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine  the  defendant  may  he  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 

41 


638 


CHAPTER  XII. 

CITY  ELECTRICIAN. 

Section  568.  Creation  of  office.  There  is  hereby  created 
in  and  for  Salt  Lake  City,  the  office  of  city  electrician. 

Sec.  569.  Appointment  and  salary.  The  board  of 
commissioners  of  Salt  Lake  City  shall  appoint  a  competent 
person  experienced  in  electrical  engineering,  to  the  office 
of  city  electrician.  He  shall  receive  a  salary  of  eighteen 
hundred    dollars    per    annum    payable    monthly. 

Sec.  570.  Oath  and  bond.  The  city  electrician  shall, 
before  entering  upon  the  duties  of  his  office,  take  and  sub- 
scribe the  constitutional  oath  of  office  and  execute  a  bond 
in  the  sum  of  twenty-five  hundred  dollars  to  be  approved 
by  the  board  of  commissioners,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office  and  the  payment  of 
all  moneys  received  as  such  officer  according  to  law  and 
the  ordinances  of  the  city. 

Sec.  571.  Assistants.  The  board  of  commissioners 
shall  appoint  assistants  and  employ  such  labor  as  shall 
be  necessary  and  proper  to  carry  out  the  provisions  of 
this  ordinance.  The  board  of  commissioners  shall  apppoint 
as  assistants  the  inspector  of  the  fire  department  and 
the  superintendent  of  the  fire  alarm  service,  who  shall 
receive  no  compensation  from  the  city  other  than  that 
already  received  as  such  inspector  and  superintendent,  and 
one  competent  electrical  inspector,  who  shall  receive  no 
compensation  or  allowance  of  any  kind  whatsoever  from 
the    city. 

The  city  electrician  and  his  qualified  assistants  shall  be 
included  in  the  department  of  public  safety,  under  the 
general   direction  of  the  commissioner  of  public  safety. 


639 

Sec.  572.  Duties,  h  shall  be  the  duty  of  the  citj  elec- 
trician to  attend  to  the  enforcement  of  this  ordinance  and  to 
inspect  and  supervise  the  construction,  installation  and  repairs 
of  all  electric  light  or  power  wiring,  fixtures,  appliances  and 
apparatus  in,  on  or  running  to  any  building  or  structure  in 
Sail  Lake  City,  except  as  hereinafter  provided.  It  shall  he  the 
duty  of  the  city  electrician  to  inspect  all  electric  lighl  and 
power  wiring,  fixtures,  appliances  and  apparatus  hereto! 
installed  as  soon  as  practicable,  and  t.i  require  the  correction 
of  any  defects  therein  which  are  dangerous  or  apt  to  cause 
fire.  The  city  electrician  must  require  the  correction  of  such 
defects  as  are  actually  hazardous  to  life  or  property. 

No  fee  shall  he  charged  for  the  inspection  of  electric 
wiring,  fixtures,  appliance-  and  apparatus  heretofore  installed 
except  where  such  inspection  is  made  upon  request  of  the 
owner  or  user  of  said  wiring,  fixtures,  apparatus  or  appli 
ances,  in  which  case  fee-  as  provided  for  permits  for  in- 
stallation of  new  work  shall  he  paid  by  the  person,  firm  or 
corporation  requiring  the  inspection. 

Sec.  573.  Inspection.  It  shall  he  the  dutj  of  the  city 
electrician  to  inspeel  any  and  all  work  for  which  permits  have 
Keen  issued  as  soon  as  practicable  after  time  of  notice,  in 
writing  by  the  contractor,  that  the  work  is  ready  for  the  in- 
spection, which  will  not  he  considered  ready  for  inspei 
and  covering  until  all  inclosed  plumbing,  -team  heating,  fur- 
work  and  gas  fittings  are  in  place.  Inspection  shall, 
when  necessary,  he  made  two  or  more  time-  during  progp 
of  installation;  first,  when  work  i-  roughed  in.  and  last  when 
work  is  completed;  and  it  -hall  he  the  duty  of  the  city 
electrician,  or  his  qualified  representative  to  indicate  in- 
spection of  any  work  by  a  tag  or  label  attached  to  the  -ervice 
switch  wires,  and  a  certificate  issued  to  party  taking  out 
permit:  -aid  tag  or  label  -hall  state  date  and  whether  first 
or  final  inspection  ha-  been  made,  and  it  shall  he  unlawful 
for  any  workman  or  other  person  to  lath  over  or  otherwise 
conceal  any  electrical  wiring  until  such  first  inspection 
has  hcen  placed. 


640 

Sec.  574.  Certificate.  Upon  application  for  inspection  of 
any  wiring,  apparatus,  fixtures  or  appliances  as  hereinafter 
provided,  the  city  electrician  shall,  after  inspection  and  exam- 
ination, issue  a  certificate  showing  the  result  of  such  exami- 
nation and  require  to  be  made  the  necessary  corrections. 

Sec.   575.     Temporary  certificate.      If  the   city  electrician 

or  his  qualified  representative  shall  be  unable  to  inspect  any 

electrical   work   within   twenty-four   hours  after   notice   of   its 

completion,  he  may  issue  a  temporary  permit  allowing  current 

turned  on.  pending  the  inspection  of  such  work. 

See  576.  Unlawful  installation.  If  the  city  electrician 
shall  find  any  part  of  any  electric  light  or  power  wiring, 
appliances,  apparatus  or  fixtures  in  i  >r  upon  any  building  in 
Salt  Lake  City  to  have  been  installed  without  permit,  or  not 
in  accordance  with  the  provisions  of  this  ordinance,  or  to  be 
dangerous  to  life  or  property,  the  city  electrician  shall  have 
the  right  and  power  to  disconnect  such  defective  wiring,  fix- 
tures, appliances  or  apparatus,  and  place  a  seal  upon  it.  He 
shall  at  the  same  time  give  written  notice  of  such  disconnec- 
tion to  the  owner  or  occupant  of  the  building.  After  such  dis- 
connected wiring,  fixtures,  appliances  or  apparatus  have 
been  put  into  the  condition  required  by  this  ordinance  the 
seal  or  seals  so  placed  shall  be  removed  by  the  city 
electrician. 

Sec.  577.  Use  of  disconnected  wiring  prohibited.  It 
shall  be  unlawful  for  any  person,  firm,  or  corporation  to  use 
any  current  in.  through  or  by  means  of  such  disconnected 
wiring,  appliances,  apparatus  or  fixtures,  or  to  attach  other 
wires  for  the  supply  of  current  to  such  disconnected  wiring, 
fixtures,  appliances  or  apparatus,  or  to  remove,  break  or 
deface  any  seal  so  placed. 

Sec.  578.  Permits.  All  persons  who  desire  to  have  elec- 
tric light  or  power  wiring,  fixtures,  appliances  or  apparatus 


',41 

installed  in  or  on  an)  building  (except  central  power  houses 
and  substations  belonging  to  electric  light  or  street  railwaj 
companies  operating  under  a  franchise  granted  1>\  Salt  Lake 
City)  shall  secure  a  permit  from  the  city  electrician. 

Sec.  579.  Installing  Without  Permit  Prohibited.  It 
shall    be    unlawful    for    any    individual,    firm    or    corporation 

jed  m  electrical  work  to  install  any  electrical 
wiring,  fixtures,  appliances  or  apparatus  in  or  on  any  build- 
ing, unless  and  until  a  permit  for  such  work  shall  have 
been  secured  from  the  cit)  electrician,  as  provided  in  this 
ordinance. 

Sec.  580.  Application  for  Permit.  In  order  to  secure 
rum  for  the  installation  of  electrical  wiring,  fixtures, 
appliances  or  apparatus,  and  before  any  addition  to,  or 
alteration  in  an)  old  installation  of  electrical  wiring, 
tures,  appliance--  or  apparatus,  is  made,  ever)  person  shall 
make  a  written  application  to  the  city  electrician  on  blanks 
supplied  for  that  purpose  by  said  city,  and  shall  pay  the 
said  electrician,  in  advance,  all  fixed  fee-,  the  amount 
amounts  named  in   Section   581   of  this  ordinance 

Sec.  581.     Fees,     (a)  For  electric  light  wiring   one  dollar 

the   first    ten   outlets  ami   five   cents   for   each   additional 

outlet,    the    word   "outlet"   t<>   he   interpreted    a-    including    a 

switch  outlet   and   -witch   controlling  same.  <<r  a   light   outlet 

and   the   fixtures  or  drop   t>>   he   attached   to   same. 

(b)  For  electric  signs,  ten  cent-  per  square  foot  for 
the  first  50  feet  and  5  cent-  per  square  foot  for  each 
additional   square   fool   of   surfai  each   and   every   illumin- 

ated   side. 

For  arc   lamp-.      For  the   firsl    two   arc   lamps   and 
switches   $1.00.      For   each    additional    arc    '.amp   and    sv 
25  cents. 

For    each    motor    of    more    than    one-eighth 
horsepower   and    nol    more    than    1    I 


642 

For  each  motor  of  more  than  one  horsepower  and 

not  more  than  5  horsepower 1 .25 

For   each    motor   of   more   than    five   and   not   more 

than  15  horsepower 2 .  50 

For  each  motor  of  more  than  15  and  not  more  than 

40  horsepower $4.00 

For  each  generator  of  not  more  than  3  Kilowatt...    1.00 

For  each  motor  of  more  than  40  horsepower 7.00 

For  each  generator  of  not  more  than  15  Kilowatt. .  2.50 
For  each  generator  of  not  more  than  40  Kilowatt..  4.00 
For  each  generator  of  more  than  40  Kilowatt 7.00 

(e)  All  special  circuits  for  heating  devices  or  electrical 
apparatus  not  included  above,  that  require  660  Watts  or 
more,  shall  be  charged  for  at  the  rate  of  50  cents  per 
circuit. 

(f)  Provided,  further,  that  no  permit  for  the  installation 
of  a  motor,  or  special  circuit  shall  be  issued  for  less  than 
$1.00. 

(g)  For  an  electrical  elevator  there  shall  be  a  charge 
of  $2.00  for  the  special  control  wiring  plus  the  regular 
charge  per  horsepower  as  provided  in  Section  581  for  motors. 

(h)  For  inspecting  any  electrical  wiring,  fixtures, 
apparatus,  appliances  or  installation  for  which  no  fee  is 
herein  provided,  the  city  electrician  shall  charge  the  sum 
of  one  dollar  and  fifty  cents  for  the  first  hour  and  at  the 
rate  of  seventy-five  cents  per  hour  for  additional  time  given 
in  making  such  inspection  :  provided,  further,  that  no  inspec- 
tion or  fee   shall   be  less  than   fifty   cents. 

Sec.  582.  Rules  Governing  Installation,  (a)  All  electri- 
cal wiring  installation,  or  electrical  fixtures,  apparatus  or 
appliances  for  furnishing  light,  heat  or  power,  telegraph, 
telephone,  district  messenger  and  other  electrical  work  in- 
troduced into,  or  placed  in  or  on  any  building  or  structure 
in  Salt  Lake  City,  shall  be  in  conformity  with  the  latest 
issue   of   rules   and    requirements   of   the    National    Electrical 


643 

Code,   and   all    fittings   and   materials   used   in   such    installa- 
tions must   be   sanctioned  in   the   latest   list   of  electrical   fit- 
tings, published   by   the  national   board  of   fire  undervvril 
which  rules  and  requirements  and  lists,  as  applied,  are  here- 
by made  a  part  of  this  ordinance. 

i  lii     Service    switches,    cut-outs    and    meters    must 
be  placed  in  bathrooms,  and  all  switches,  sockets  and  other 
electrical    fixtures    and    apparatus    must    be    located    so    that 
they  cannot  he  reached  by  one  standing  in  a  bath  tub. 

(c)      All    wires    in    damp    places,    basements    or    cellars. 
unless   concealed   by    plaster,   compo-board    or   similar    finish 
on    ceiling,    must    he    run    in    conduit,    and    no    metal  covered 
ckets  or  switches  will  he  permitted  therein. 

All  drop  cords  in  basements  or  cellars   must   he  of   what 
i-   termed  "reinforced  cord." 

ach  flat  or  dwelling  place  in  an  apartment  house, 
flat  building,  or  building  designed  for  two  or  more  dwellings, 
-hall  he  provided  with  an  independent  service,  unless  the 
cut-outs  or  meters  are  grouped  in  a  cabinet  or  closel  open- 
ing into  a  public  hal!wa\  so  a-  t"  be  readily  a 
at   all    til 

Every  building  other  than  a  private  dwelling  lure- 
after  erected,  in  which  electricity  is  used  for  light,  heal  or 
power,  -hall  have  the  supply  wires,  when  from  underground 
mains,  enter  the  building  at  some  convenient  location 
on  the  ground  floor,  readily  accessible  to  police  or  firemen. 
and  said  supply  win-  to  be  provided  at  this  location  with 
main   cut-off  switches   a-   few    in    number  a-   conditions    will 

v,   so  arranged   that    all   current   for   light,   heat    "r   power 
can    be    cut    "it    from    the    building. 

Sec.    583.      Notice.      Inspection.      Upon    tin-    completion 
of    the    installation    of    any    electrical    wiring,    fixture-. 
pliances  "r  apparatus  in  or  on  any  building  it   -hall   be  the 
duty  of  the  corporation,  copartnership  or  firm  or  individual 
doing    same    to    notify    the    city    electrician,    who    shall 
"iier    inspect    same,   and    if   approved    1>\    him    he    -hall    i- 


644 

a  certificate  of  proper  inspection,  which  shall  contain  the 
date  of  such  inspection  and  an  outline  of  the  result;  and 
it  shall  be  unlawful  for  any  person,  firm,  copartnership  or 
corporation  to  turn  on  or  connect  the  current  with  such 
installation  until  said  certificate  shall  be  issued;  and  it 
shall  be  unlawful  to  make  any  change,  alteration  or  ex- 
tension in  or  tu  the  installation  of  any  electrical  wiring, 
fixtures,  appliances  or  apparatus,  in  or  on  any  building 
after  inspection,  without  notifying  said  city  electrician  and 
securing  a  permit  therefor. 

Sec.  584.  Rights  and  Powers.  The  city  electrician  shall 
have  the  right  to  enter  any  premises  at  all  reasonable  hours 
for  the  purpose  of  inspecting  same. 

Sec.  585.  No  Liability  of  City.  This  ordinance  shall  not 
be  construed  to  relieve  or  lessen  the  responsibility  of  anv 
person  owning,  operating  or  installing  any  electrical  wires, 
fixtures,  appliances,  apparatus,  construction  nr  equipment  for 
damages  to  anyone  injured  or  damaged,  either  in  person  or 
property  by  any  defect  therein:  nor  shall  the  said  citv  or  any 
agent  thereof  be  held  as  assuming  any  such  liability  bv  rea- 
son of  inspection  authorized  herein  or  certificate  of  inspection 
issued  by  the  city  electrician. 

Sec.  586.  Penalty.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  Fiftv  Dollars  or 
by  imprisi  inmeni  in  the  city  jail  for  a  period  not  longer  than 
thirty  days.  The  court  may,  in  imposing  a  fine,  enter  as 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine  the  defendant  may  be  imprisoned  in  the  citv  jail  for  a 
period  not  exceeding  thirty  days. 

Sec.  587.  Continued  Offenses.  Every  day's  continuation 
el  a  violation  of  any  of  the  provisions  of  this  ordinance  shall 
be  deemed  to  lie  a  separate  and  distinct   offense. 


645 


CHAPTER    XIII. 

CITY    ENGINEER. 

Sec.  588.  Creation  of  Office.    There  is  hereby  created  the 
office  of  city  engineer  and  assistant  city  engineer,  which 
shall  be  filled  by  appointmenl  as  provided  l>>   law. 

Sec.  589.  Salary.  The  city  engineer  shall  receive  the 
sum  of  three  thousand  six  hundred  dollars  per  annum.  The 
assistant  city  engineer  shall  receive  the  sum  of  two  thousand 
one  hundred  dollars  per  annum,  payable  monthly  as  are 
the  salaries  of  other  city  officers. 

Sec.  590.  Oath.  Bond.  The  city  engineer  and  the 
assistant  city  engineer  shall  each,  before  he  enters  upon 
the  duties  of  his  office,  take  and  subscribe  the  constitutional 

oath  of  office  and  shall  execute  a  bond  with  g 1  and  suffi- 
cient sureties  to  be  approved  by  the  hoard  of  commissioners 
payable  to  the  city.  The  city  engineer  shall  give  bond  in 
the  penal  sum  of  five  thousand  dollars,  the  assistant  city 
engineer  shall  g"ive  bond  in  the  penal  sum  of  three  thousand 
dollar-,  -aid  bonds  -hall  he  conditioned  lor  the  faithful 
performance  of  the  duties  <<i  their  respective  office'-  and  the 
payment  of  all  moneys  received  a-  such  officers  according 
to  law    and    the   ordinance-   of   the   city. 

Sec.  591.  Duty  of  City  Engineer.  It  -hall  be  the  duty 
of    the    city   engineer    to    locate    the    line-   ami    gi  :    all 

.ml  sidewalks,  alleys,  avenues  or  other  public   « 
and   to  determine   the  position,   -\/.v   and   construction    .it    all 
sewer-,  waterworks,  irrigation  or  drainage  canal-,  reservoirs, 
culverts,  aqueducts,  bridges,  viaducts,  or  other  public  works 
or  appurtenances,  and   to  prepare  plan-,   map-  or   pi 
the  same,  and   to  make  estimate-  and   furnish   specifications 


646 

for  any  of  said  work,  whenever  required  to  do  so  by  the 
Board  of  Commissioners  of  Salt  Lake  City.  He  shall,  under 
the  direction  of  the  Board  of  Commissioners  and  the  Com- 
missioner of  Streets  and  Public  Improvements,  have  general 
charge,  supervision,  and  inspection  of  all  public  improve- 
ments and  public  work  undertaken  by  or  on  behalf  of  Salt 
Lake  City  by  contract  or  otherwise,  and  shall  see  that  the 
same  are  performed  in  a  workmanlike  manner,  and  in  ac- 
cordance with  the  authorized  plans  and  with  the  terms  and 
specifications  of  the  contracts. 

Sec.  592.  Field  notes,  maps  and  profiles.  The  city 
engineer  shall  keep  in  his  office  certified  copies  of  all  the 
field  notes,  maps  or  profiles  which  relate  to  city  surveys, 
waterworks,  sewers,  irrigation  systems,  streets  or  side- 
walks, and  all  other  engineering  works,  and  he  shall  ar- 
range and  index  them  in  such  manner  as  will  enable  a  ready 
reference  thereto,  and  all  shall  be  the  property  of  Salt 
Lake    City. 

Sec.  593.  Street  lines.  It  shall  be  unlawful  for  any 
person  to  erect  or  construct,  or  to  commence  the  erection 
or  construction  of  any  building,  fence  or  other  structure, 
or  to  make  any  excavation  upon  the  line  of  any  street, 
alley  or  other  public  way  without  first  making  application 
to,  and  obtaining  from  the  city  engineer  a  survey  of  such 
premises  showing  the  property  lines  upon  which  such 
building,  fence  or  other  structure  is  to  be  constructed,  or 
such  excavation  to  be  made. 

Sec.  594.  Street  grades.  Establishing.  Whenever  it 
shall  be  deemed  advisable  to  establish  a  grade  on  any  street 
where  no  grade  has  been  theretofore  established,  or  to  change 
any  established  grade,  the  city  engineer  shall  cause  the 
necessary  survey  to  be  made  and  prepare  and  submit 
to  the  commissioners  a  profile  map  of  such  proposed   grade 


647 

with  his  recommendations  concerning  the  same.  When 
.my  such  profile  mu|>  shall  have  been  approved  and  adopted 
i>y  a  majority  of  the  board  oi  commissioners  as  a  correct 
map  of  the  grade  on  such  street,  the  action  of  the  com- 
missioners shall  be  endorsed  on  said  map  by  the  city 
recorder  and  said  map  shall  be  then  filed  in  the  office  of 
the  city  engineer  and  the  grade  on  any  such  street  shall 
thereafter  be  considered  as  established  as  shown  on  such 
profile  map.  It  shall  be  unlawful  for  any  person  to  erect 
or  construct,  or  to  commence  the  erection  or  construction 
of  any  building  or  other  structure  upon  the  line  of  any 
street  where  the  grade  of  said  street  lias  already  been 
established,  without  first  making  application  to  the  city 
engineer  to  indicate  the  grade  of  the  street  upon  which 
-aid  building  or  other  structure  is  to  be  erected,  or  to  tl, 
after  build  to  any  ^rade  than  that  indicated  by  the 
engineer. 

Sec.  595.  Fees.  For  all  surveys  in  plat-  and  additions 
that  have  been  officially  resurveyed  in  congested  districts, 
or  in  any  additions  where  the  surveys  are  found  to  a; 
substantially  with  the  recorded  plat  thereof,  the  city 
engineer  shall  charge  and  collect,  in  advance,  foi  the  benefit 
of  the  city,  the  estimated  sum  to  cover  the  actual 
expense    of    such    surveys,     from     the    owner-    of    property 

ring   work   to  be  done   1>\    the  city   engineer's  office, 

■i-t    whom    work    done   in    -aid   office    is   properly   charge- 
able, and  upon  ascertaining  such  cost  or  expense,  any  exi 
thereof    -hall    be    refunded    to    the    person    advancing    -aid 
sum. 

The  cit)  engineer  -hall  be  allowed  to  charge  and  de- 
mand in  advance,  for  the  benefit  of  the  city,  fee-  from  the 
owner-  of  property  ordering  work  to  be  .lone  by  the 
engineer's  office,  or  against  whom  work  done  in  said  oi 
i-  properly  chargeable  for  each  survey  certificate,  the  exact 
amount  to  lie  fixed  by  the  engineer  in  accordance  with  the 
nature    and    amount  rk    to    be    done. 


648 

Sec.  596.  Same,  in  all  parts  of  the  city  over  which 
the  official  survey  has  not  been  extended,  'and  where  the 
surveys  are  not  found  to  agree  substantially  with  tin- 
recorded  plats  thereof,  the  citv  engineer  shall,  for  all 
surveys  in  such  districts  charge,  and  collect  in  advance, 
a  sum  estimated  to  cover  the  actual  cost  or  expense  thereof, 
and  upon  ascertaining  such  cost  or  expense,  any  excess  there- 
of shall  be  refunded  to  the  applicant ;  and  in  case  of  surveys 
in  such  districts  where  lines  cannot  be  satisfactorily  de- 
termined to  agree  with  the  recorded  plat,  the  city  engineer 
may  refuse  to  give  any  certificate  of  survey. 

Sec.  597.  Tests  of  additions.  The  city  engineer  shall 
from  time  to  time  make  a  test  of  the  additions  to  the  city, 
theretofore  filed  and  recorded  without  a  proper  survey,  or 
where  the  survey  was  so  badly  executed  that  great  inac- 
curacy exists  in  respect  to  the  lines  of  streets  and  alleys, 
and  where  there  has  been  no  official  survey  made  by  the 
city  of  the  entire  addition;  and  until  a  proper  re-survey 
of  such  addition  is  made  by  the  owners  thereof,  and  the 
lines  of  the  streets  and  alleys  accurately  determined  by  the 
engineer  to  agree  with  the  recorded  plat  thereof,  he  may 
refuse  to  give  any  certificate  of  survey  in  connection  there- 
with. 

Sec.  598.  Filing  plats.  Any  person  desiring  to  plat  or 
subdivide  any  land  within  the  corporate  limits  shall  present 
to  the  city  engineer  two  accurate  maps  or  plats  thereof 
upon  tracing  cloth,  particularly  setting  forth  and  describ- 
ing all  streets  and  either  public  places  and  all  blocks,  lots 
and  parcels  of  land  therein  by  number  or  name  with  their 
exact  dimensions:  said  maps  or  plats  shall  be  properly 
acknowledged  by  the  dedicator  and  certified  by  the  sur- 
veyor making  the  same,  and  must  be  accompanied  by  an 
abstract  of  title  to  the  land  platted,  and  the  necessary  fees, 
including  the  fees  necessary  to  record  one  of  such  maps 
or   plats   in    the   office   of  the   county    recorder. 


649 

Sec.     599.     Same.     If  such  maps  or  plats  shall  meet  the 
approval   of   the   engineer,   he   shall   submil   a   reporl    thi 
tn   the   board  mmissioners,   and    when    the   board    has, 

in  turn,  appn  >\  ed  such  maps  or  plats  anil  accepted  tin-  dedi- 
cation   therein    contained,    tin-   engineer    shall    file   one   < 
in    his    office    and    record    the    other    in    the    office    of    the 
count)   recordei 

Sec.  600.  Same.  Street  names.  When  any  new 
subdivision  contains  any  streel  which  i-  a  continuation  or 
approximate  continuation  of  any  existing  <trect,  such  new 
street  shall  take  the  name  of  such  existing  Street.  No 
new  street,  nut  a  continuation  of  an  existing  street,  shall 
be  given  the  name  of  any  existing  street.  The  engineer 
-hall  have  power  to  change  the  name  of  anj  streel  mi  any 
map  nr  plat  submitted,  to  make  such  map  or  plat  confi 
ti  i   the   pri  n  i-i'  m  -      i    this   sectii  in. 

Sec.  601.  Re-surveys  of  additions.  The  city  engineer 
shall,  from  time  to  time,  as  promptly  as  may  be  with  the 
force  at  In-  disposal,  proceed  with  re-surveys  of  additions 
as  ordered   by   the  board  of  commissioners. 

Sec.  602.       Location    by    section    corner.       When, 
such   maps  and   plats  of  land   situated   outside  oi   the   limits 
the   city    survey    shall   be   located    with   reference    to   the 
section  corner. 

Sec.  603.     Standard  of  measure.      The  three  stone  monu- 
ments  set    in    Liberty    Park    and    provided    with    a 
vernier    to    mark    the    exact    lengths    for   instruments   of    100 
and   4<x>  feet,   respectively,  and   to  indicate  the   ten-inn   and 
degree  of  temperature  employed,   are   hereby   de  ■   be 

the   mean-  of   fixing  and   perpetuating   the  official    standard 
of  measure  in  this  city.     The  initial   monument   of  the 

ip   being  1    at    a   point    1257   7  '  uth    and 

•'rum    the   stone   monument    at    the   i- 


650 

section  of  Seventh  East  and  Ninth  South  streets,  and  the 
two  other  monuments  being  in  line  with  and  at  a  distance  of 
100  and  400  feet,  respectively,  west  from  the  initial 
monument. 

Sec.  604.  Instruments.  How  adjusted.  All  persons 
who  shall  hereafter  use  any  measuring  instrument  for  making 
any  survey  or  measurement  to  establish  the  boundary  lines 
of  any  street,  lot  or  other  parcel  of  land,  within  the  corporate 
limits,  shall  first  test  or  compare  and  adjust  the  same  to 
correspond  with  the  official  standard,  as  indicated  by  the 
above   described   monuments. 

Sec.  605.  Instruments  to  be  adjusted  It  shall  be  un- 
lawful for  any  person  to  refuse  or  neglect  to  first  compare 
and  adjust  the  measuring  instruments  to  be  used  by  him. 
with  the  official  standards  as  hereinbefore  designated,  before 
making  surveys,  for  any  purpose,  within  the  limits  of  Salt 
Lake    City. 

Sec.  606.  Custodian  of  monuments.  The  city  engineer 
is  the  custodian  of  the  monuments  described  in  Section  603. 
He  shall  keep  the  said  monuments  in  perfect  condition  and 
properly  protected,  and  allow  them  to  be  used  by  proper 
persons  at  all  reasonable  times. 

Sec.  607.  Protection  of  monuments,  it  shall  be  un- 
lawful for  any  person  to  displace,  remove,  injure,  or  in  any 
way  interfere  with,  or  place  obstructions  upon  any  survey 
stake  or  monument  marked  as  such. 

Sec.  608.  Interfering  with  engineer  prohibited.  It 
shall  be  unlawful  for  any  person  to  interrupt  or  molest 
the  city  engineer  or  any  of  his  assistants,  agents  or  em- 
ployes while  engaged  in  official  duty,  or  to  wilfully  catrs« 
or  offer  to  said  engineer  or  any  of  his  assistants  or 
employes   any  kind   of  corporal   injury   or   hindrance. 


651 

Sec.  609.  Employes.  Compensation.  The  board  of 
commissioners  shall  employ  engineers,  draftsmen,  linemen, 
and    such    other    employes    as    the    necessities    of    the 

iffice    shall    demand,    at    such    compensation    as 
said  board  may  authorize. 

Sec.  610.  Absence  or  disability  of  city  engineer.  In 
the  absence  of  or  during  the  disability  of  the  city  engineer 
the  assistant  city  engineer  shall  exercise  all  functions  and 
powers  >>f  the  city  engini 

Sec.  611.  City  engineer's  office,  office  of  record.  Cus- 
todian. The  city  engineer's  office  is  hereby  created  an  office 
of  n  i  all  maps,  plans,  plats,  profiles,  drawings,  deed-. 

dedications,    final    estimates,    specifications,    and    contracts, 
which  in  any  way  relate  to  the  affairs  of  the  city.     The  city 
engineer  shall  be  custodian  of,  and  must  keep,  all  the  draw 
m^-  and  documents  above  mentioned  on  file  and  record. 

Sec.  612.  Supplies.  Records  and  files.  The  city 
engineer's  office  shall  be  supplied  with  all  necessary  books, 
es,  and  supplies  for  recording  and  filing  as  herein  re- 
quired.  The  city  enginei  r  -hall  record  and  file  all  drawings 
and  documents  pertaining  to  public  land-  and  improvements 
and  those  made  in  his  office  shall  be  placed  on  record  as  soon 

ompleted,  and  shall  then  be  open  For  public  inspection, 
and  any  person  copying  the  same,  or  taking  note-  therefrom, 
may  do  so  in  pencil  only,  lie  -hall  keep  the  records  and 
file-  in  good  condition,  and  turn  the  same  over  to  hi-  -tie- 
rs in  office.  He  -hall  allow  no  alteration,  mutilation.  .  >r 
chat:.  ■    made  in  any  matter  of  record  and   -hall   he  held 

strictly  accountable  for  same. 

Sec.   613.     Must  not  enter  on  record  until  fees  are  paid. 
I'he  citj    engineer  shall   not   record  any  drawings  or  instru- 
ments, or  file  an\   papers  or  notice-,  or  furnish  anj 
or     render     anv     service     connected     with     hi-     office     until 


652 

the    fees    for    same    are    paid    or    tendered    as    prescribed    by 
law   or  ordinance. 

Sec.  614.  Seal.  The  city  engineer  shall  be  provided 
with  a  seal  by  the  city  for  his  use  containing  the  words 
"Salt  Lake  City,  Utah.  Engineering  department.''  Said  seal 
shall  be  affixed  to  every  certification  or  approval. 

Sec.  615.  Shall  not  conflict.  The  recording  or  filing 
of  any  drawing  or  instrument  in  the  city  engineer's  office 
shall  not  interfere  or  conflict  in  any  way  with  the  record- 
ing or  filing  of  same  in  other  offices  of  record. 

Sec.  616.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars  or  by 
imprisonment  in  the  city  jail  for  a  period  not  longer  than 
thirtv  days.  The  court  may,  in  imposing  a  fine,  enter  as  part 
of  the  judgment,  that  in  default  of  the  payment  of  the  fine 
the  defendant  may  be  imprisoned  in  the  city  jail  for  a  period 
not  exceeding  thirty  days. 


653 


CHAPTER    XIV. 

CITY   POUND.     ESTRM  S. 

Sec.  617.  City    poundkeeper.      There    is    hereb)     en 
the  office  of  city  poundkeeper  which   >liall  be  filled  as  pro- 
vided by  law. 

Sec.  618.  Salary.  The  city  poundkeeper  shall  receive 
a  salary  of  nine  hundred  and  sixty  dollars,  payable  monthly 
as  are   the   salaries  of  other  city   officers. 

Sec.  619.  Oath.  Bond.  The  city  poundkeeper  shall, 
In-fore  lie  enters  upon  the  duties  of  bis  office,  lake  and 
subscribe  the  constitutional  oath  of  office  and  give  bond 
in  the  penal  sum  of  i\\<-  hundred  dollars  as  provided  by 
law. 

Sec.  620.     Impounding    and     disposal    of    estrays,     gen- 
erally.    [1  is  hereb)    made  the  dutj   of  the  city  poundkeeper 
take   into   1 1  i  —    possession   and    impound    all    estrays    run- 
ning   at    large,   and    to   dispose   of    the    same    as   hereinafter 
provided. 

Sec.  621.  Notice  of  sale  of  estrays.  Within  three 
days  after  any  estrays  shall  come  into  the  possession 
the  poundkeeper,  he  shall  advertise  the  same  in  a  newspaper 
published  in  the  county,  having  general  circulation  in  the 
county,  by  publishing  a  notice  in  at  least  one  issue  of 
- . i i ■  I  paper,  and  by  posting  notices  for  a  period  of  ten  days 
in  three  of  the  mosl  public  place-  in  the  city,  one  of  which 
places  shall  be  postoffice.     He  shall  immedi- 

ately   deliver    a  :    such    notice    to    the    count)    clerk, 

•    mail   the  same  to  him  by  registered   letter.     The  county 
clerk    shall,    upon    receipt    of    ~-ii'\    notice,    File    and 

4a 


654 

the  same  in  his  office  for  a  period  of  six  months  thereafter, 
and  shall  immediately  post  a  copy  thereof  at  the  front  door 
of  the  county  courthouse.  The  notice  so  filed  with  the 
clerk  shall  be  open  during  reasonable  hours  for  inspection 
b)  the  public,  free  of  charge.  The  notice  herein  provided 
for  shall  contain  a  description  of  the  animals,  including 
all  marks  and  brands,  when  taken,  and  the  day.  hour,  and 
place  of  sale,  ami  may  be  substantially  in  the  following 
form  : 

NOTICE. 

State  of  Utah,  county   of   Salt    Lake, 
In   Salt   Lake  City. 

I  have  in  my  possession  the  following  described  estray 
animals  which,  if  not  claimed  and  taken  away,  will  be  sold 
at    public   auction    to    the    highest    bidder   at    the    city    pound 

in    Salt    Lake   City,   on the day 

of   .  .  .  .■ 191 .  . . ,  at  the  hour  of 

(Description  of  animals.) 

Said  estrays  were  taken  up  by  me  in  said  city  on  the 
day  of 191... 


City  poundkeeper  of  Salt  Lake  City. 

Sec.  622.  Claimants.  Sale.  Bill  of  sale.  If  at  any  time 
before  the  sale  of  any  estrays.  such  animals  shall  be  claimed 
and  proved  to  be  the  property  of  any  person,  the  pound- 
keeper  shall  deliver  them  to  the  owner  upon  receiving 
from  him  the  cost  of  impounding,  keeping  and  advertising 
the  same.  If  the  animals  are  not  so  claimed  and  taken  away. 
he  shall,  at  the  time  and  place  mentioned  in  the  notice, 
proceed  to  sell  the  same,  one  at  a  time,  to  the  highest 
cash    bidder,    and    shall    execute    and    deliver    a    bill    of    sale 


655 

transferring  said  animals  to  the  purchaser  or  purchasers 
thereof,  which  l>ill  of  sale  shall  be  substantiall)  in  the 
i.  '11.  iwing  form  : 

1  hereb)   certify  thai  in  pursuance  oi   the  law   regulating 
the    disposal    of    estrays    and    trespassing    animals,    1    have 

this  da)   sold  t" for  the  sum  of  $ 

he  being  the  highest  bidder head  of 

branded  with  the  city  estray  brand  and  otherwise  described 
as   follows,    to    w  it  : 

(Descriptii  >n    i  if   animals,  i 


Witness   my   hand   this daj    oi 

191... 


Citj    poundkeeper,  City  of  Sail    Lake. 

State  of   Utah. 


Sec.  623.  Record  of  estrays.  The  poundkeeper  shall 
keep  an  accurate  record  of  all  estrays  received  by  him,  their 
color,  sex,  mark-,  and  brands,  the  time  and  plan-  of 
taking  and  the  expenses  of  keeping  and  selling  the  same. 
all  animals  claimed  and  taken  away,  all  animals  sold  and 
to  whom  so  sold  and  the  amount  paid,  all  moneys  paid 
t"  owners  after  sale,  all  moneys  paid  into  the  cit)  treasury 
and  all  other  matter-  necessary  t"  a  compliance  with  the 
provisions  of  this  ordinance.  The  board  of  commissioners 
of  the  city  shall  provide  the  city  poundkeeper  with  a 
suitable  l>"<>k.  in  which  shall  he  entered  the  records  required 
by  law   t"  he  kept  by  the  poundkeeper      Such  n  -hall 

It  open  t"  tin  inspection  of  the  public  at  all  reasonable 
Imurs.  and  shall  he  deposited  1>\  the  poundkeeper  with 
his    successor   in   office. 

Sec.  624.     Trespassing.     Animals.     Damages.     Impound- 
ing.     If  any   neat   cattle,  horses,   asses,   mules,   shee] 


656 

or  swine  shall  trespass  or  do  damage  upon  the  premises  of 
any  person,  the  party  aggrieved,  whether  he  be  the  owner 
or  the  occupant  of  such  premises,  may  recover  damages  by 
an  action  at  law  against  the  owner  of  the  trespassing  ani- 
mals, or  by  distraining  and  impounding  said  animals  in 
the    manner    provided    herein. 

Sec.  625.  Id.  Appraisement  of  damages.  The  owner 
or  occupant  of  any  property  may  distrain  all  of  said  animals 
trespassing  or  doing  damage  thereon.  He  shall,  within 
twenty-four  hours  thereafter,  deliver  said  animals  to  the  city 
poundkeeper,  together  with  a  certificate  of  the  appraisement 
of  the  damage  done  by  such  animals.  Such  appraisement 
must  be  made  by  some  disinterested  male  citizen,  a  free- 
holder, over  twenty-one  years  of  age.  It  must  state  the 
amount  of  the  damage,  the  time  when  committed,  the  name 
of  the  person  damaged,  the  name  of  the  owner  of  the  ani- 
mals, if  known,  and  if  not  known  it  must  state  that  fact, 
together  with  a  description  of  the  animals,  including  all  vis- 
ible marks  and  brands.  If  the  animals  appear  to  be  owned 
by  different  parties,  a  separate  appraisement  and  a  separate 
certificate  thereof  shall  be  made  of  the  damage  done  by  the 
lot  or  group  of  animals  which  appear  to  belong  to  each  of  the 
different  owners.  In  such  cases  the  owners  shall  be  notified 
separatelv,  and  each  lot  or  group  of  animals  shall  be  adver- 
tised and  sold  separately  in  the  same  manner  as  though  the 
damage  had  been  done  by  different  animals  at  different 
times. 

Sec.  626.  Id.  Owner  to  be  notified.  The  person  dis- 
training the  animals  must,  if  the  owner  of  the  same  be  known 
to  him  and  if  he  resides  within  ten  miles  of  the  place  of  the 
trespass,  immediately  deliver  to  such  owner,  or  leave  at  hie 
place  of  residence,  if  he  cannot  be  found,  a  copy  of  such  cer- 
tificate of  appraisement;  but  if  the  owner  does  not  live  within 
ten  miles  of  the  place  of  trespass,  the  party  distraining  the 
animals  may,  at  his  option,  deliver  a  copy  of  such  certificate 


657 

to  the  owner  in  person,  or  deposil  the  same  in  the  nearest 
postoffice  in  a  registered  letter  addressed  to  said  owner.  He 
>hal  1  be  entitled  to  charge  ten  cents  a  mile  one  way  for  the 
first  ten  miles  necessarily  traveled  in  delivering  such  cer- 
tificate, and  five  cents  for  each  additional  mile,  to  be  ta.v 
ci ists  against  the  animals. 

Sec.  627.       Damages    cannot    be     recovered,    when.       If 
the  party  distraining  any  animals  shall   fail   to  deliver  them 
or  the   certificate  of  appraisement    to   the   city    poundke 
within  fort)  eighl  hours,  or  shall  fail  to  deliver  to  the  owners 
of  the  animals,  if  known,  a  copy  of  the  certificate  of  appraise 
ment    within    twenty-four    hours    after    he    receives    the    same, 
or  to  deposit  the  same  in   the  postoffice,  a-  herein   provided, 
he  shall   not   In-  entitled   to  recover  damages   under  the 
i  this  ordinance. 

Sec.  628.  Where  owner  unknown.  Duty  of  pound- 
keeper.  \\  henever  an)  animals  are  delivered  to  the  pound- 
keeper,  and  the  certificate  of  appraisement  is  filed  with  him 
a-  herein  provided,  and  such  certificate  states  that  the  owner 
is  unknown,  the  poundkeeper  shall  immediately  examine  all 
brand  hooks  or  brand  sheets  in  his  possession,  and  if  the 
owner  he  ascertained  thereby,  or  if  the  owner  he  already 
known  to  the  poundkeeper,  he  shall,  if  the  owner  live 
within  ten  miles,  immediately  deliver  a  copy  of  such 
tificate  of  appraisement  to  such  owner,  or  leave  the  same  at 
his  residence  if  he  cannot  he  found;  if  the  owner  do  not  live 
within  ten  miles,  the  poundkeeper  may,  at  his  option,  deliver 
such  copy  personally  to  the  owner,  or  deposil  the  same  in  the 
nearest  postoffice  in  a  registered  letter  addressed  to  such 
owner,     lie  shall,  however,  serve  the  cop)   in  one  of  'he  ways 

ided  herein;  provided,  that  whenever  personal   servici 
a  copy  of  any  paper  is  required  by  this  ordinance,  service  by 
agent  shall  he  deemed  sufficient. 

Sec.  629.     Notice  of  sale  of  trespassing  animals.      \~ 

iny   such   animals   are   delivered    to   -he   poundkeeper,   he 


658 

shall  immediately  proceed  to  advertise  the  same  as  herein- 
after  provide'd,  except  when  the  owner  is  known  and  has 
been  notified,  in  which  case  he  shall  hold  said  animals  forty- 
eight  hours  before  advertising  the  same.  He  shall  adver- 
tise in  a  newspaper  published  in  the  county,  having  general 
circulation  in  the  county,  by  publishing  a  notice  in  at  least 
one  issue  of  said  paper,  and  by  posting  notices  in  three  of 
the  most  public  places  in  the  city,  one  of  which  shall  be  at 
or  near  the  postoffice,  and  shall  deliver  a  copy  of  the  same 
to  the  county  clerk,  or  send  the  same  by  deputy  or  by  regis- 
tered mail.  The  clerk  shall  preserve  such  notice  and  post 
a  copy  thereof  as  provided  in  Section  — .  The  notice  herein 
provided  for  shall  state  the  time  when  the  damage  was  done 
and  the  amount  thereof,  the  name  of  the  party  damaged,  a 
description  of  the  animals,  including  all  visible  marks  and 
brands,  and  the  day,  hour,  and  place  at  which  such  animals 
will  be  sold,  which  shall  be  not  less  than  ten  nor  more  than 
twenty  days  from  the  time  of  posting  such  notice;  said 
notices  may  be  substantially  in  the  following  form  : 

SALE   OF  ANIMALS    FOR   DAMAGES. 

State  of  Utah,  County  of  Salt   Lake. 
In  the   City  of  Salt   Lake. 

I  have  in  my  possession  the  following  described  ani- 
mals, which,  if  not  claimed  and  taken  away,  will  be  sold 
at    public    auction    to    the    highest    cash    bidder    at    the    city 

pound  in  Salt  Lake  City,  on  the   day 

of   191 .. ,  at   the  hour  of   , 

(Description  of  animals.) 

Said   animals  are  held  by  me  to  secure  the  payment  of 

$ damages   done  by    said    animals    upon    the    premises 

of  on  the   ....   day  of   , 

191.. 


City  Poundkeeper  of  Salt  Lake  City. 


659 

Sec.  630.  Owner  may  pay  and  take  animals.  Disputed 
appraisal.  The  owner  of  any  trespassing  animals  taken  up 
under  the  provisions  of  t li i  —  ordinance  may.  at  any  time 
before  the  sale  thereof,  chum  and  take  such  animals  away 
upon  paying  the  amounl  of  damages  sel  forth  in  the  certifi- 
cate of  appraisement  and  the  accrued  costs,  and  if  such  ani- 
mals arc  included  in  a  l"i  oi  group  of  animals  belonging 
to  other  parties,  against  which  the  damages  and  costs  are 
assessed  as  a  whole,  he  shall  pay  his  proportion  of  the  total 

'liu  "t'  damages  and  costs  assessed  against  such  animals. 

irding  to  the  number  of  animals  he  owns  when  com- 
pared with  the  number  of  the  entire  lot  or  group.  If  he 
deems  the  appraisal  too  high  he  may  choose  another  ap- 
praiser having  the  qualifications  herein  provided,  who  with 
the  first  shall  make  a  new  appraisal,  and  if  they  cannot 
agree  they  shall  chouse  a  third  and  the  three  shall  proceed  to 
make  another  appraisal,  and  the  decision  of  the  majority 
shall   be  final. 

Sec.  631.  Sale.  Bill  of  sale.  If  such  animals  are  not 
claimed  and  taken  away  by  the  owner,  the  poundkeeper 
shall,  at  the  time  and  place  set  Forth  in  the  notice  of  sale, 
proceed  to  sell  such  animals,  one  at  a  time,  to  the  highest 
cash  bidder.  If  the  owner  of  any  lol  of  animals  to  he  sold 
is  known,  the  poundkeeper  shall  sell  only  enough  of  said 
anin  pay  the  damages  and  costs,  and   the  remainder 

may  he  turned  over  to  the  owner  at  any  time  thereafter: 
hut  if  the  owner  he  not  known  the  poundkeeper  shall  pro- 
ceed to  sell  all  of  said  animals  so  advertised  for  -ale.  Me 
shall  execute  and  deliver  a  hill  of  -ale  therefor,  and  file  a 
copy  with  the  county  clerk  a-  hereinbefore  provided.  Said 
copies   -hall   he  preserved   for  a  period  of  two  years  and   shall 

ipen  for  inspection  at  all  reasonable  hours,  free  of  cha 

Sec.  632.  Redemption  within  ninety  days.  The  owner 
of  any  trespassing  animal-  sold  under  the  provisions  of  this 
chapter  may.  at    any   time   within   ninety  days  of  the  dati 


660 

such  sale,  redeem  such  animals  from  the  purchaser  or  as- 
signee having  the  same  in  his  possession,  upon  paying  to 
such  purchaser  or  assignee  the  sum  for  which  such  animals 
were  originally  sold,  together  with  ten  per  cent  additional, 
and  a  reasonable  compensation  for  the  care  and  keeping  of 
the  same.  If  such  purchaser  or  assignee  refuse  to  give  up 
such  animals  on  the  owner  proving  his  title  to  the  same 
and  on  his  tendering  the  amount  due  as  herein  provided, 
such  owner  may  maintain  an  action  at  law  to  recover  the 
same;  provided,  that  the  purchaser  or  any  assignee  who  has 
disposed  of  such  animals  shall  not  be  liable  to  such  owner  in 
any  amount.  If  no  redemption  of  such  animals  be  made 
within  ninety  days  after  the  date  of  such  sale,  then  such 
sale  shall  be  absolute  and  shall  vest  the  title  to  such  ani- 
mals in  the  purchaser  or  his  assignee.  Any  person  selling 
or  disposing  of  any  such  animal  within  ninety  days  of  its 
sale  under  the  provisions  of  this  chapter,  shall  notify  the 
purchaser  of  the  same  of  the  date  of  the  original  sale  and 
the  amount  paid  for  such  animal  at  that  time,  and  if  he 
fails  to  do  so  he  shall  be  liable  for  any  loss  that  may  accrue 
to  such  purchaser  by  reason  of  such  animal  being  redeemed 
for  a  less  amount  than  he  paid  therefor. 

Sec.  633.  Owner  entitled  to  residue  of  proceeds.  If  any 
estrays  or  trespassing  animals  sold  under  the  provisions  of 
this  chapter  shall,  within  a  period  of  six  months  immediately 
ensuing  after  the  date  of  the  sale  thereof,  be  claimed  and 
proved  to  be  the  property  of  any  person,  it  shall  be  the 
duty  of  the  poundkeeper  at  the  expiration  of  such  time  to 
forthwith  pay  the  money  received  for  such  animals  to  the 
owner  thereof,  less  the  amount  of  damages  and  the  expense 
of  taking,  keeping,  and  selling  the  same ;  but  in  the  event 
such  animals  are  not  claimed  as  aforesaid,  then  such  money 
shall  become  the  property  of  the  city,  and  the  poundkeeper 
shall  immediately  pay  the  same  into  the  city  treasury;  pro- 
vided, that  in  case  there  is  a  contest  between  tw-o  or  more 
persons  claiming  to  be  the  owners  of  any  such  animals,  the 


661 

poundkeeper  shall  deposil   such   monej    with   the  city   n 
urer  to  be  by  him  paid  to  the  party  who  shall  establish  by 
action  his  righl  to  the  same. 

Sec.  634.  Record  of  trespassing  animals.  The  pound 
keeper  shall  keep  an  accurate  record  of  all  trespassing  ani- 
mals received  by  him,  which  shall  contain  all  the  items 
required  by  Section  625,  together  with  the  names  of  the 
injured  party  and  the  owner  of  the  animals,  the  amount  of 
the  damages  claimed,  and  all   other  matters  necessary  to  a 

plete  accounl  of  the  transaction.  Such  record  shall  he 
"pen  for  inspection  a<  all  reasonable  hours. 

Sec.  635.  Estray  brand.  Then-  shall  be  a  city  estray 
brand,  t"  consisl  of  the  letters  S.  L.  (.'..  which  letters  shall  be 
three  inches  in  length.  The  board  of  commissioners  shall 
immediately  furnish  the  poundkeeper  with  the  proper  brand- 
ing mm.  ami  the  poundkeeper  shall  place  such  estray  brand 
upon  the  left  side  of  the  neck  of  all  animals  --"Id  by  him, 
except  hogs,  sheep  and  goats. 

Sec.  636.      Unlawful   sales.     The   owner   of   any    animals 
unlawfully    impounded    or    sold    may    maintain    an    action 
recover  the  same  and  damages  for  the  detention  then 

Sec.   637.       Retaking    animals    unlawfully.        \nv     p. 
who  shall  take  any  animal  out  of  the  possession  of  any  one 
lawfully  holding  the  same  under  the  provisions  of  'his  ordi- 
nance, either  by  stealth,  force,  or  fraud,  or  who  shall  inter- 
■  <r  hinder  any  person   lawfully  taking  up  '>r  attempting 

ike  up  such  animals.  is  guilty  of  a  violation  of  this 
ordinance. 

Sec.  638.  Pound.  The  city  shall  furnish  suitable  prcm- 
ises  t"  In-  used  as  the  city  pound,  and  it  shall  be  the  duty 
of  the  city  poundkei  •  ike  charge  of  the  premises  which 

shall  he  designated  as  the  city  pound,  and  keep  -aid  premises 


662 

in  a  clean  and  orderly  condition.  It  shall  be  his  duty  to 
receive  and  take  care  of  all  animals  committed  to  his  charge, 
and  provide  all  necessary  forage  therefor.  He  shall  properly 
and  with  diligence  make  every  effort  to  find  the  owners  of 
all  animals  received  by  him,  by  examining  the  records,  marks 
and  brands  and  otherwise,  and  notify  the  owner  if  found. 

Sec.  639.  Books.  He  shall  keep  a  full,  complete  and 
accurate  set  of  books,  which  shall  set  forth  in  detail  all 
business  done  in  connection  with  the  city  pound. 

Sec.  640.  Bills  of  damage.  He  shall  receive  and  file  all 
bills  of  damage  duly  presented,  and  enter  the  amounts  in 
his  books,  which  shall  be  open  to  the  inspection  of  the 
public.  He  shall  not  deliver  any  animal  to  the  owner  until 
all  costs  and  damages  are  paid. 

Sec.  641.  Proceeds  of  sale.  The  net  proceeds  of  the  sale 
of  all  animals,  as  herein  provided,  shall  be  paid  into  the  city 
treasury,  subject  to  the  order  of  the  owners  of  said  animals, 
if  applied  for  within  six  months  from  the  date  of  sale;  if 
not  applied  for  within  that  time,  the  city  treasurer  shall 
cover  the  amount  into  the  general  fund. 

Sec.  642.  Advertising  bills.  All  bills  for  advertising 
shall  be  certified  to  by  the  poundkeeper,  and,  if  correct, 
shall  be  ordered  paid  by  the  board  of  commissioners. 

Sec.  643.  Forage.  The  city  purchasing  agent  shall, 
under  the  direction  of  the  hoard  of  commissioners  purchase 
all  necessary  forage  or  feed  for  impounded  animals. 

Sec.  644.  Animals  at  large.  No  cattle,  horses,  mules, 
sheep,  goats  or  swine  shall  be  allowed  to  run  at  large,  or  lie 
herded,  picketed,  or  staked  out  upon  any  street,  sidewalk 
or  any  other  public  place  within  the  limits  of  the  city,  and 
all  such  animals  so  found  may  be  taken  up  and  driven  to  the 


663 

estray   pound;  provided,  that   nothing  herein   contained   ^liall 
be  so  construed  as  to  prevent  an]  om  driving  milch 

cows,  work  cattle,  horses,  mules  or  other  animals  from  < 
side  the  citj    limits  to  any  inclosure   within   the  city   limits, 
or   from    any   inclosure   in    the   city   to   a    place   outside   the 
city,  it  from  one  inclosure  to  another   within   the  limits  of 
the  city. 

Sec.  645.  Detention  of  animals,  li  shall  be  unlawful  for 
any  person,  other  than  the  city  poundkeeper,  i"  take  up  an 
animal,  under  the  provisions  of  this  chapter,  and  retain  it 
mure   than  eighteen   hours. 

Sec.  646.  Malicious  impounding.  It  shall  be  unlawful 
for  any  person  to  maliciously  or  mischievouslj  secrete  oi 
impound  the  animal  of  another,  or  to  maliciously  or  mis- 
chievously aid  or  abel   therein. 


Sec.  647.  Fees.  The  poundkeeper,  for  impounding  and 
posting  up  notices,  shall  colled  and  cover  into  the  city 
treasury,  fees  for  his  services  as  follow-:  One  dollar  per 
head  for  horses,  mule-  or  eattle,  and  twenty-five  cents  per 
head  for  calves,  goats,  sheep  and  swine:  for  feeding  animals, 
fifty  cents  per  day  for  horsi  •  and  cattle,  and  twenty- 

five  cents  per  day  for  calves,  goats,  sheep  and  swim 
for  advertising  and  sale  shall  be  one  dollar  each  for  hoi 
mules    and    eattle.    and    fifty    cents    each     for    goats,    sheep. 
calves  and  -wine. 

Sec.  648.  Monthly  statement.  [1  shall  be  the  dul 
the  city  poundkeeper  to  make  monthly,  a  -worn  statemenl  <'i 
the  business  transacted  by  him  in  connection  with  the  city 
pound,  showing  in  detail  all  animal-  received.  —Id.  advertised 
or  handled  by  him.  together  with  a  detail  statement  under 
oath   of  all    moneys  expended   and   received   by   him. 


664 

Sec.  649.  Pay  over  money.  Ji  shall  be  the  duty  of  the 
city  poundkeeper  to  turn  into  the  city  treasury  on  or  before 
the  fifth  day  of  each  month  all  net  proceeds  in  money  re- 
ceived by  him  in  virtue  of  said  office,  during  the  preceding 
month. 

Sec.  650.  Penalty.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter  as 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine,  the  defendant  may  be  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 


66S 


CHAPTER    XV. 

CITY    PURCH  VSING    AGENT. 

Sec.  651.     Creation  of  office.     There   is   hereby   en 
within  and  For  Salt   Lake  City,  the  office  of  city  purchasing 
nt. 

Sec.  652.  Appointments.  The  board  of  commissioners 
shall  appoint  a  suitable  person  a--  city  purchasing  agent  and 
such  employees  as  may  be  necessary  for  the  proper  conduct 
of  said  office 

Sec.  653.  Oath  and  bond.  The  city  purchasing  agent 
shall,  before  he  enters  upon  the  duties  of  his  office,  take  and 
subscribe  the  constitutional  oath  of  office  and  -hall  execute 
a  bond  with  good  and  sufficienl  sureties  to  he  approved  by 
the  board  of  commissioners,  payable  to  the  city  in  the  sum 
of  five  thousand  dollars,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  his  office,  and  the  payment  of  all 
received  as  such  officer,  according  to  law  and  the 
ordinances  of  the  city. 

Sec.  654.  Salary.  The  city  purchasing  agent  shall  receive 
compensation    the    sum    of    three    thousand    dollars    per 

annum,    payable    monthly,    a-    are    the    salaries    of    other    city 

offii 

Sec.  655.  Duties.  It  shall  be  the  duty  of  the  city  pur- 
chasing agent,  when  so  directed  by  the  board  of  commis- 
sioners, t"  purchase   for,  and  in  behalf  of  the  city. 

cry   kind    necessary    for   the   use   of   the   city,   in   all   of   it< 
department-;.     He  -hall,  when  necessary,  solicit   bid-  for  the 
publishing  ami   printing  of  all   matters   required   by   law 
ordinance,  ami  such  other  matl  1  by  the 


666 

ers,  -  tall,  when  a.  I  by  the 

boa:  ssioners  5  on    behali 

He  shall  . 
all  ..  -      -  -  -  g  sals 

JS  us 
dep.  -  sha  ike  contracts  and  in  beha^: 

t  all  suj 

basing  agent  for  and 
in   beha  ty,    shall   be    - 

ss 

S .  c    656.     Penalty.     Any  per-  _  the  pro- 

f,  be 
punished  by   a  fine  in   any   - 
or  by  impris 
than  thirty  days.    T:  -     g 

at  in  dei  the  payment  of  the 

.  the  defendant   may  -  ail  for  a 

period  n  insr  thirtv  da    - 


CHAPTER   XVI 

•   I 

Sec.  657.     Office  appointive.  The  board  ol  comn 
shall  appoint  a  quali  •  'h.-r, 

shall  have  su< 

■  1  by  la 

Sec.  658.     Oath.     Bond.  The   cit)    recorder   shall,  b< 
■■'.ii   the  duties  of  hi 
the  constitutional   oath  bond    with 

!  and  -ui'i'k  :• 

ble  i"  the  city  in  the  penal   sui 
thousand    dollars,   conditioned    f'/r    the    faithful    perform: 

payment   of  all 
law   and    the   ordinal 
sai'l  •  d  l>"iir|  shall  be  filed  with  tl  irer. 

Sec.  659.     Salary.  iry  of  the  city  recorder  -.hall 

ir  hundred  dollars  per  annum,  p  hlv. 

Sec.  660.      When    ordinances    take    effect       Publication. 
Proof.      \ll  ordill 

in  t!  rder  and  publisl 

ithin  t hi 

ordinance    that    it    shall    tal  I    an 

that   w!  • 

blished   I 

hall 
all 
ordii 


668 

and  said  book,  or  a  certified  copy  of  the  ordinances,  under 
the  seal  of  the  city,  shall  be  received  as  evidence  in  all  courts 
and  places  without  further  proof,  or  if  printed  in  book  or 
pamphlet  form  by  authority  of  the  board  of  commissioners, 
they  shall  be  so  received. 

Sec.  661.  Duties.  The  city  recorder  shall  keep  his  office 
at  the  place  of  meeting  of  the  board  of  commissioners,  or 
some  other  place  convenient  thereto,  as  the  board  may  direct. 
He  shall  keep  the  corporate  seal  and  all  papers  and  records 
of  the  city,  and  keep  a  record  of  the  proceedings  of  the  board 
of  commissioners,  whose  meetings  it  shall  be  his  duty  to 
attend.  Copies  of  all  papers  filed  in  his  office,  and  tran- 
scripts from  all  records  of  the  board  of  commissioners  cer- 
tified by  him  under  the  corporate  seal,  shall  be  evidence  in 
all  courts,  as  if  the  original  were  produced- 

The  city  recorder  shall  charge,  collect  and  receive  in 
advance  for  the  use  and  benefit  of  Salt  Lake  City  the  fees 
hereinafter  enumerated,  to  wit : 

For  copy  of  any  resolution,  ordinance,  record  or  other 
document  on  file  or  of  record  in  his  office,  ten  cents  for  each 
one  hundred  words,  counting  each  number  expressed  in 
numerals  as  a  word,  and  at  the  same  rate  for  a  less  number 
of  words.     For  searching  records  one  dollar  per  hour. 

For  affixing  certificate  and  seal  of  the  city,  twenty-five 
cents. 

Sec.  662.  City  recorder  to  account.  The  city  recorder 
shall  cover  into  the  city  treasury  all  moneys  belonging  to 
the  city  coming  into  his  hands  by  virtue  of  his  office.  He 
shall  deliver  to  his  successor  in  office  the  corporate  seal, 
together  with  all  books,  papers,  records  and  other  property 
in   his  possession   belonging  to  the   city. 

Sec.  663.  Countersign  contracts.  He  shall  countersign 
all  contracts  made  in  behalf  of  the  city,  and  every  contract 
made  in  behalf  of  the  city  or  to  which  the  city  is  a  party 
shall  be  void  unless  signed  bv  the  recorder. 


669 

Sec.  664.  Record.  Sale  of  real  estate.  Whenever  any 
real  estate,  or  any  interest  therein,  is  transferred  or  granted 
l>\  Salt  Lake  City,  the  deed,  lease,  contracl  or  other  instru- 
ment shall  be  recorded  al  length  in  the  office  ol  the  commis- 
sioner of  parks  and  public  property,  before  being  delivered 
to  the  grantee.  It  in  any  case  il  shall  l>c  impracticabli 
record  said  deed  or  other  instrumenl  before  delivery,  then  a 
true  copy  thereof  shall  be  immediately  furnished  to  the  com- 
missioner of   parks   and    public    property,    who    shall    record 

Sec.  665.  Additional  duties.  It  shall  be  the  dut)  of  the 
city  recorder  to  notify  the  city  auditor  and  the  commissioner 
of  parks  and  public  property  of  all  final  acts  of  the  board  of 
commissioners  which  pertain  to  the  purchase,  sale,  transfer, 
umbrance  of  any  real  estate  in  which  the  city 
is    interested. 

\  he  recorder  shall  ''it  or  before  the  tenth  day  of  January, 
of  each  year,  make  an  annual  report  in  writing  to  the 
board  of  commissioners,  which  report  shall  show: 

1.  The  moneys  received  and  disbursed,  it'  any.  during 
the  preceding  twelve  months. 

2.  The  business  done  or  labor  performed  1>\  said  of- 
ficer or  his  department  during  the  preceding  twelve  months, 
anil  the  general  condition  of  lit—-  office  or  department  at   the 

of  the  preceding  fiscal  year. 

Sec.     666.       Appointments,    deputies,     assistants,     clerks. 

re  are  hereby  appointed  in  the  office  of  the  cit)  recorder 
the  following  deputies,  assistants  and  clerks: 

•  ine  chief  deputy  recorder,  at  a  -alary  of  sixteen  hun- 
dred  and   twenty    ($162000)    dollars   per   annum.. 

In  the  absence  of,  or  during  the  disability  of  the  city 
recorder,  the  chief  deputy  recorder  -hall  exercise  all  the 
function-   and   powers   of   the   city   recorder      lie   -hall 

43 


670 

bond  to  the  city  in  the  sum  of  one  thousand  ($1,000.00) 
dollars. 

Three  deputy  recorders,  who  shall  act  as  clerks  of  the 
city  courts,  at  a  salary  of  twelve  hundred  ($1200.00)  dollars 
each  per  annum. 

One  deputy  recorder,  who  shall  act  as  clerk  of  the  city 
courts,  at  a  salary  of  ten  hundred  and  eighty  ($1080.00) 
dollars  per  annum. 

One  chief  clerk,  at  a  salary  of  fourteen  hundred  and 
forty  C$1440.00)  dollars  per  annum. 

One  clerk,  at  a  salary  of  twelve  hundred  ($1200.00) 
dollars  per  annum. 

One  stenographer  for  the  recorder's  office,  at  a  salary 
of  nine  hundred   ($900.00)   dollars  per  annum 

Two  stenographers  for  the  city  court,  at  a  salary  of  nine 
hundred  ($900.00)  dollars  each,  per  annum,  all  of  which 
salaries  shall  be  paid  monthly,  as  are  the  salaries  of  other 
officers  and  employes. 

Sec.  667.  Penalty.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter  as 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine,  the  defendant  may  be  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 

Additional  duties,  see  generally   Chapter  on  Special  Taxes. 

To  file  and  publish  li^t  of  nominations,  etc..  Sees.  824-835,  Chap- 
ter 34. 

To  provide  ballots  for  election.  Sees.  836-842,  Chapter  34. 

Furnish  ballot  box  to  judges  of  election,  Sec.  856,  Chapter  34. 

Keep  counted  ballots  twelve  months,  Sec.  865,  Chapter  34. 

To  notify  officer  of  removal.  Sec.  251x6.  Chapter  34. 

Preparing  of  voting  machines,  when,  Sec.  868x8,  Chapter  34. 

Appoint  custodian  of  voting  machines,  when.  Sec.  868x8.  Chapter 
34. 

Ex  officio  clerk  of  city  court.  Sec.  868x8.  Chapter  34. 

Fees  of  clerk  of  city  court,  Sec.  686x22,  Chapter  34. 

Custodian  of  city  court,  seal.  Sec.  686x36,  Chapter  34. 


671 

Elective  officers  ^h.tll  file  sworn  statement  of  election  campaign 

expenses,  Sec.  213,  Chapter  8. 
Tax  deed  record.  Sec.  687,  K.  O.  1903. 

deed,  Sec.  686,  R.  I  I    1903 
Fees  for  tax  deeds.  Sec    <  NN    R    I  ).  1903. 
To  certifj  tax  levy,  Sec  254,  I     S    1907 
To  certify  permits  to  sell  explosives,  Chapter  16. 


672 


CHAPTER  XVII. 

CITY   TREASURER. 

Sec.  668.  Office  appointive.  The  board  of  commissioners 
shall  appoint  a  qualified  person  to  the  office  of  city  treasurer, 
who  shall  have'  such  powers  and  perform  such  duties  as  are 
provided  by  law. 

Sec.  214,  Chapter  8. 

Elective  office  terminated,  Sec.  213,  Chapter  8. 

Sec.  669.      Oath.      Bond.     The   city   treasurer,   before   he 

enters  upon  the  duties  of  his  office,  shall  take  and  sub- 
scribe the  constitutional  oath  of  office  and  shall  execute  a 
bond  with  good  and  sufficient  sureties  to  be  approved  by 
the  board  of  commissioners,  payable  to  the  city  in  a  sum 
not  less  than  $250,000.  Said  bond  shall  be  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  the  ob- 
servance of  all  laws  pertaining  to  his  office,  and  for  pay- 
ment of  all  moneys  received  by  him  as  city  treasurer,  ac- 
cording to  law  and  the  ordinances  of  said  city. 

Sec.  670.  Salary.  The  salary  of  the  city  treasurer  shall 
be  twenty-four  hundred  dollars  per  annum,  payable  monthly, 
as  are  the  salaries  of  other  city  officers. 

Sec.  671.  Sinking  funds.  The  board  of  commissioners 
may  cause  any  sinking  fund  now  existing  or  hereafter  cre- 
ated by  authority  of  the  laws  of  the  state  to  be  invested  in 
any  legal  and  lawful  bonds  bearing  interest  issued  by  any 
city,  county  or  school  district  in  the  State  of  ITtah.  or  by  the 
State  of  Utah.  Whenever  such  bonds  are  on  the  market  at 
a  fair  and  reasonable  value,  and  the  money  in  any  said  sink- 
ing funds  exceeds  the  amount  of  any  bond  or  bonds  for 
which  said  fund  was  created,  then  such  funds  shall  be  used 


673 

to  redeem  said  bond  or  bonds  at  the  market  value  thereof 
and  the  custodians  of  any  said  sinking  fund  are  herebj 
authorized  t"  buy  such  bond  or  bonds 

Sec.  672.  Duties  generally.  The  city  treasurer  shall  re- 
ceive all  money  belonging  to  the  city,  including  all  taxes, 
licenses,    water   rate-,   and    fines,   and    keep   an    accurate   and 

iled  account  thereof,  in  such  a  manner  as  the  heard  of 
commissioners  from  time  to  time  may  by  ordinance  dii 
and  he  shall  collect  special  taxes  and  assessments  as  provided 
by  law  and  ordinance.  He  shall  make  a  settlement  with  the 
auditor,  as  the  hoard  of  commissioners  may-  direct,  at  the 
end  of  every  month,  and  turn  over  all  warrants,  interest 
coupons,  bonds,  or  other  evidence  ■■('  the  indebtedness  of  the 
city  which  max  have  been  redeemed  by  him  during  the 
month,  taking  the  receipts  of  the  auditor  therefor,  and  all 
such  warrants,  orders,  or  other  evidence  of  indebtedness, 
shall  he  canceled  by  him  and  have  written  ■  •  i-  stamped  there- 
on the  date  of  their  payment  or  redemption, 

Sec.  673.  Payments,  lie  -hall  pay  ti"  monej  out 
upon  lawful  warrant,  except  bonds  and  interest  coupons, 
which,  when  due.  may  Ik-  paid  upon  presentation,  or  in  case 
the  same  are  payable  at  some  other  place,  then  the  money 
for  their  redemption  -hall  he  sent  to  the  place  where  they 
are  payable  in  time  to  meet  such  payment   when  due. 

Sec.  674.  Warrants  paid  in  order.  All  warrant-  -hall  he 
paid  in  the  order  in  which  they  -hall  he  presented,  and  the 
treasurer    shall     note    Upon     the    hack  ■  h    warrant     pre- 

sented to  him  the  date  of  -uch  presentation,  and.  when   p 
nient   is  made,  the  date  of  -uch  payment:  provided  that  any 
warrant    shall    he   paid    by   the   treasurer   in   case   a    sufficient 
amount    of    money    shall    remain    in    the    treasury    to    pay    all 
warrants   issued   previous   to  such   warrant. 


674 

Sec.  675.  Receipts.  The  treasurer  shall  give  every  per- 
son paying  money  to  the  city  treasury  a  receipt  therefor, 
specifying  the  date  of  payment  and  upon  what  account  paid; 
and  he  shall  also  file  the  duplicate  of  such  receipt  with  the 
auditor,  as  the  board  of  commissioners  may  direct,  at  the 
date  of  his  monthly  report. 

Sec.  676.  Public  money  to  be  kept  separate.  The  treas- 
urer shall  keep  all  money  belonging  to  the  city  separate  and 
distinct  from  his  own  money.  Whenever  it  shall  appear  to 
the  board  of  commissioners  that  the  treasurer  is  making 
profit  out  of  public  money,  or  is  using  the  same  for  any  pur- 
pose not  authorized  by  law,  they  shall  suspend  him  from 
office,  and,  upon  his  conviction  for  such  offense,  his  office 
shall  become  vacant. 

Sec.  677.  Reports.  Registry  of  warrants.  The  treas- 
urer shall  report  to  the  board  of  commissioners  not  later 
than  December  31st  of  each  year,  giving  a  full  and  de- 
tailed account  of  all  receipts  and  expenditures  since 
his  last  report,  and  the  state  of  the  treasury.  He  shall  also 
keep  a  registry  of  all  warrants  redeemed  and  paid  during 
the  year,  describing  such  warrants,  their  date,  amount, 
number,  the  fund  from  which  paid,  and  the  person  to  whom 
paid,  specifying  also  the  time  of  payment.  And  all  such 
warrants  shall  be  examined  by  the  board  of  commissioners 
at  the  time  of  making  such  report. 

Sec.  678.  Special  funds.  All  moneys  on  any  special 
assessment  shall  be  held  by  the  treasurer  as  a  special  fund, 
to  be  applied  to  the  payment  of  the  improvement  for 
which  the  assessment  was  made,  and  said  money  shall  be 
used   for   no   other   purpose   whatever. 

Sec.  679.  City  treasurer.  Duties.  The  cash  books 
of  receipts  and  disbursements  kept  in  his  office  shall  show 
the  names  of  the  persons,  firms  or  corporations  from  whom 


675 

moneys  are  received  or  to  whom  moneys  are  disbursed; 
the  date  of  such  receipl  or  disbursements;  the  fund,  de- 
partment and  account  to  which  each  entry  applies, 
shall  give  duplicate  receipts  in  all  cases  for  moneys  received, 
on  forms  provided  by  the  city  auditor.  The  original  shall 
be  given  to  the  person,  firm  or  corporation  making  the 
payment  and  the  duplicate  shall,  al  the  close  of  each  day's 
business,  be  filed  with  the  citj  auditor.  He  shall,  at  the 
i  ss  each  day,  make  and  File  with  the  city 
auditor,  a  statement  showing  a  summary  of  the  transactions 
in  each  fund  and  relative  classified  detail  statements.  The 
statement  showing  the  summary  shall  be  in  columnar  form 
and  shall  show  : 

1.  The  balance  of  each  fund  at  the  close  of  business 
of   the   prior  da\  . 

2.  Receipts    of    each    fund    of    the    current    day. 

3.  The  sum  of  -aid  balances  and  receipts. 

4.  The  disbursements  of  each   fund  of  the  current   day 

5.  The  balance  of  each  fund  al  the  close  of  the  current 
day. 

The  said  summary  of  each  day's  transaction-  shall  also 
show  the  total  amount  oi  mone)  on  hand  of  all  fund-  and 
where  the  same  is  located  or  deposited.  lie  shall  also 
prepare  in  duplicate  at  the  close  of  business  of  day 

in  each  and  e\ery  month,  a  statement  showing  a  summary 
of  the  transactions  in  each  fund  and  relative  classified  detail 
statements.  The  said  monthly  statements  shall  l>e  in  the 
same  form  as  the  daily  statements  herein  provided,  and  he 
shall  submit  the  original  of  the  monthly  statements  to  the 
board  of  commissioners  and  file  the  duplicate  thereof  with 
the  city  auditor.  He  shall  make  settlement  with  the  city 
auditor  at  the  end  of  every  month  and  turn  over  all  warrants. 
bonds,  interest  coupons,  water  -enp  certificates,  water  mi 
certificates  of  deposit  her  evidence  oi  tin-  indebted) 

of  tht    cit\    which   may   have  been  redeemed   by   him   dut 
the    month,    taking    receipl    of    the    city    auditor    therefor    and 
all     such     warrant-,     bonds,     intei  iupons,     water     -crip 


676 

certificates  or  other  evidence  of  indebtedness  shall  be  canceled 
by  him  and  have  written  or  stamped  thereon  the  date  of 
their  payment  or  redemption.  His  books  shall  at  any 
reasonable  time,  be  open  to  inspection  of  the  city  auditor  or 
any  member  of  the  board  of  commissioners. 

He  shall  perform  such  other  duties  as  the  board  of  com- 
missioners from  time  to  time  may  by  ordinance  direct. 

Sec.  680.  Collector  of  special  taxes.  The  city  treas- 
urer  shall   be  ex  officio  collector  of  special   taxes. 

Sec.  681.  Money  paid  into  treasury.  All  fines  and  for- 
feitures for  the  violation  of  ordinances,  and  all  money  col- 
lected for  licenses  or  otherwise,  shall  be  paid  into  the 
treasury  of  the  corporation  at  such  times  and  in  such  manner 
as  may  be  prescribed  by  ordinance. 

Sec.  682.  Appointments,  deputies,  clerks,  assistants 
There  are  hereby  appointed  in  the  office  of  the  city  treasurer 
the  following  deputies  and  clerks: 

One  deputy  treasurer  at  a  --alary  of  fifteen  hundred 
($1500)   dollars  per  annum: 

Three  clerks  at  a  salary  of  twelve  hundred  ($1200) 
dollars  each,  per  annum  ; 

One  collector  of  water  rates  at  a  salary  of  twelve 
hundred    ($1200)    dollars    per   annum. 

Such  salaries  shall  be  paid  monthly,  as  are  the  salaries 
of  other  city  officers  and   employes. 

Sec.  683.  Deputy.  Oath.  Bond.  The  deputy  treas- 
urer shall,  before  assuming  the  duties  of  his  office,  take  and 
subscribe  the  constitutional  oath  of  office,  and  shall  furnish 
a   bond  to  the  city  in  the  sum  of  ten   thousand   dollars. 

Sec.  684.  Delivery  to  successor.  The  city  treasurer 
shall,  within  five  days  after  notification  and  request,  deliver 
to   his    successor   in    office   all    properties,   books,   and    effects 


677 

of  every  description  in  hi-  possession  belonging  to  the  city 
or  appertaining  to  his  office,  and  upon  refusal  to  do  so, 
shall  be   liable   for  all   damages  caused    thereby. 

Sec.  685.     Penalty.     Am   person  violating  any  of  the 
\iM.'iiN  of  this  chapter  shall,  upon  convicition  thereof,  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars  i  I'" 
or  by  imprisonment  in  the  city  jail  not  more  than  one  hundred 
(100)  days  or  by  both  such  fine  and  imprisonment;  provided, 
that  nothing  herein  contained   --hall  be  construed  to  prevent 
Salt    Lake  City   from   recovering  the  amount  of  any    fees  or 
moneys  in  a  civil  action,  broughl    for  such  purpose,  as 
vided  by  ordinance  or  statute. 

1  i.iiior  license  i"  be  [>.iid  to  city  treasurer,  Sec   8,  Chapter  -44 
cial  taxes,  Sees   25  I      tpter  16. 

282x  282x3,  Chapt<  i  17 
Special  tax  fund  in  cities,  Sees   282x4-282x9    i       pter  lf>. 


678 


CHAPTER  XVIII. 

CLAIMS   FOR  DAMAGES. 

Sec.  686.  Claim.  Time  for  presenting.  Action  on. 
Every  claim  against  Salt  Lake  City  for  damages  or  injury 
alleged  to  have  been  caused  by  the  defective,  unsafe,  danger- 
ous, or  obstructed  condition  of  any  street,  alley,  crosswalk, 
sidewalk,  culvert,  or  bridge  of  such  city  or  town,  or  from 
the  negligence  of  the  city  authorities  in  respect  to  any  such 
street,  alley,  crosswalk,  sidewalk,  culvert,  or  bridge  shall, 
within  thirty  days  after  the  happening  of  such  injury  or 
damage,  be  presented  to  the  board  of  commissioners  in 
writing,  signed  by  the  claimant  or  by  some  person  by  claim- 
ant authorized  to  sign  the  same,  and  properly  verified, 
stating  the  particular  time  at  which  the  injury  happened, 
and  designating  and  describing  the  particular  place  in 
which  it  occurred,  and  also  particularly  describing  the 
cause  and  circumstances  of  said  injury  or  damages,  and 
stating,  if  known  to  claimant,  the  name  of  the  person, 
firm,  or  corporation,  who  created,  brought  about,  or  main- 
tained the  defect,  obstruction,  or  condition  causing  such 
accident  or  injury,  and  also  stating  the  nature  and  prob- 
able extent  of  such  injury,  and  the  amount  of  damages 
claimed  on  account  of  the  same ;  such  notice  shall 
the  officers  of  the  city  to  find  the  place  and  cause 
of  such  injury  from  the  description  thereof  given  in  the 
notice  itself  without  extraneous  inquiry,  and  no  action  shall 
be  maintained  against  the  city  for  damages,  or  injury  to  per- 
son or  property,  unless  it  appears  that  the  claim  for  which 
the  action  was  brought  was  presented  as  aforesaid  to  the 
board  of  commissioners,  and  that  such  commissioners 
did  not  within  ninety  days  thereafter  audit  and  allow  the 
same.  Every  claim,  other  than  claims  above  mentioned, 
against     the     city,     must     be     presented,     properly     itemized 


679 

or  described  and  verified  as  to  correctness  by  claimant 
or  his  agent,  to  the  board  of  commissioners  within  one  year 
after  the  last  item  of  Mich  account  or  claim  accrued,  and  if 
such  account  or  claim  is  not  properly  or  sufficiently  item 
or  described  or  verified,  the  board  of  commissioners  may  re- 
quire the  same  to  be  made  more  specific  as  to  the  itemization 
or  description,  or  to  be  corrected  as  to  the  verification 
thereof. 

Sec.  687.  Claim  barred  if  not  presented.  It  shall  be 
a  sufficient  bar  and  answer  to  any  action  (1r  proceeding 
against  the  city,  in  any  court,  for  the  collection  of 
any  claim  mentioned  in  Section  ''So,  that  such  claim  had 
not  been  presented  to  the  board  of  commissioners  of  the  city 
in  the  manner  and  within  the  time  in  Section  686  specified; 

/.(/,  that  in  case  an  account  or  claim,  other  than  a  claim 
made  for  damages  on  account  of  the  unsafe,  defective,  dan- 
gerous, or  obstructed  condition  of  any  street,  alley,  crosswalk, 
way,   sidewalk,   culvert,  or   bridge,   i-   required    l>\    the   ci 
missioners    to   be    made    more    specific   as   to   itemization    or 

ription,  or  to  be  properly  verified,  sufficient  time  shall 
be  allowed   the   claimant    to   comply    with    such   requirement. 


680 


CHAPTER  XIX. 

CLOTHES   CLEANING    ESTABLISHMENTS 
REGULATIONS  OF,  ETC. 

Section  688.  Definitions.  ( a)  The  term  "benzine" 
or  "gasoline,"  wherever  used  herein,  shall  mean  any  product 
of  petroleum,  or  any  hydro-carbon  liquid  that  will  flash 
or  emit  an  inflammable  vapor  below  the  temperature  of  one 
hundred   and   ten    (110)    degrees    Fahrenheit. 

(b)  "Chief  of  fire  department"  means  chief  of  fire 
department  of  Salt  Lake  City,  Utah. 

(c)  "Approved"  shall  mean  approved  by  chief  of  fire 
department. 

(d)  "Clothes  cleaning  establishment"  shall  mean  any 
building  or  premises  where  more  than  one  quart  of  benzine 
or  gasoline  is  kept  or  stored  to  be  used  for  cleaning  or 
renovating  for  a  consideration  any  clothing  or  articles  of 
wearing  apparel  or  fabric  of  any  kind,  including  dye  works 
and  tailor  shops. 

(e)  "Tests."  The  chief  of  fire  department  shall  test 
and  decide  the  flashing  point. 

Sec.  689.  The  chief  of  fire  department  to  grant  permits. 
It  shall  be  unlawful  for  any  person,  firm  or  corporation 
hereafter  to  establish  or  maintain  a  clothes  cleaning  estab- 
lishment where  more  than  one  (1)  quart  of  benzine  or 
gasoline  is  kept  or  stored,  without  first  obtaining  a  permit 
therefor  from  the  chief  of  fire  department,  specifying;  the 
name  of  the  permittee  and  the  location  of  the  premises  to 
be  used  as  such  clothes  cleaning  establishment,  and  the 
amount  of  benzine  or  gasoline  desired:  provided,  that  all  per- 
sons, firms  or  corporations  now  conducting  the  business  of 
clothes  cleaning  shall,  after  the  passage  of  this  ordinance, 
comply  with   all   the  requirements  hereafter  specified   in  this 


681 

ordinance    governing    the    storage    and    use    of    gasolim 
benzine.     No  permit  sliall  be  granted  by  the  chi< 
partment   where  any  portion  oi  building  is  used  or  occupied 
as  a   hotel,   apartment  house  or   lodging   house 

Sec.  690.  Application  for  permits.  All  applications  for 
permits  benzine  or  gasoline   to   be   used   in   clothes 

cleaning  establishments  shall  be  made  to  the  chief  of  fire 
department,  who  shall  determine  the  conditions  under  which 
anj    prh  ranted   shall   be   exercised,   and   shall   furnish 

each  applicant  with  a  written  or  printed  copy  of  all  require- 
ments imposed  by  this  ordinance  for  their  information  and 
guidance  as  to  the  manner  in  which  benzine  or  gasoline 
shall  be  stored  for  the  cleaning  or  renovating  of  clothes 
or  any  articles   of   wearing   apparel   or   fabric  of  any   kind. 

When  application  is  made  to  conduct  and  maintain  a 
clothes  cleaning  establishment,  the  applicant  shall,  immedi- 
ately after  filing  the  application,  cause  to  be  con 
spicuously  on  the  premises  a  notice  that  such  application 
has  been  made,  said  notice  to  be  kept  posted  until  said 
application  is  granted  or  denied. 

Sec.  691.  Dry  cleaning  room.  The  dry  cleaning  room 
of  a  clothes  cleaning  establishment  shall  be  a  fireproof 
building  not  more  than  one-storj  high,  with  no  basement 
beneath;  building  must  be  of  brick.  laid  in  cennnt  mortar, 
-tone  or  concrete  construction  with  cement   fli 

The  doors  of  such  room  musl  be  of  the  most 
improved  pattern  of  automatic  fire  doors;  the  windows 
shall   be  of   wire   i^la--   with   metal   frame-   and   sashes. 

The  walls  of  said  room  shall  have  vent  holes 
at    the   floor  line   not   less   than   6x8   incite-   in   area,   two  such 

nings  in  each  outside  wall  of  the  room,  the  openings 
properly  protected  by  iron  bar-.  The  chief  of  fire  department 
may  require,  when  deemed  advisable  for  proper  ventilation, 
that  an  exhaust  blower  be  located  in  an    air   conduit  whose  inlet 

ningS   -hall   be  at  or  near   the  floor   line,   and   the  di-cl 


682 

end  of  such  conduit  shall  be  carried  four  feet  above  the 
roof  of  the  building.  The  exhaust  blower  and  conduit 
shall  be  of  size  sufficient  to  change  the  air  of  the  building 
every  three  minutes,  and  such  blower  shall  be  in  operation 
at  all  times  during  working  hours. 

(c)  The  dry  cleaning  room  shall  be  equipped  with  fire 
buckets  filled  with  sand  for  use  in  extinguishing  fires,  the 
number  of  buckets  and  quantity  of  sand  to  be  determined 
by  the  chief  of  fire  department. 

(d)  Where  steam  is  available,  the  dry  cleaning  room 
of  a  clothes  cleaning  establishment  shall  have  installed 
in  same  an  approved  steam  fire  extinguishing  system,  the 
supply  valve  for  which  shall  be  placed  on  the  outside 
of  the  room  with  one  valve  so  arranged  that  same  can 
be    turned    on    from    the    outside    of    the    building'. 

(e)  There  shall  be  no  connection  from  the  said  clothes 
cleaning  establishments  to  public  or  private  sewers,  drain, 
catch  basin  or  pit,  and  all  such  establishments  shall  be 
heated  by  hot  water  or  steam  heat. 

(f)  The  lighting  must  be  done  by  electricity  in  the 
most  improved  manner,  the  wires  to  be  run  in  conduits : 
all  lamps  must  be  approved  vapor  proof  lamps  with  keyless 
sockets;  and  all  switches  must  be  \l/2  feet  above  the  floors 
of  such  establishments,  located  near  door  so  as  not  to 
allow  opportunity  for  vapor  to  collect  near  them. 

(g)  It  shall  be  unlawful  to  locate,  have,  use  or  main- 
tain steam  generating  boiler,  dynamo  or  motor  within  the 
walls  of  any  clothes  cleaning  establishment  except  in  a 
room  entirely  separated  from  the  cleaning  and  dyeing  rooms. 

Sec.  692.  Storage  of  gasoline  and  benzine.  Not  more 
than  one  gallon  of  gasoline  or  benzine  shall  be  kept  or 
stored  for  use  above  ground,  in  any  clothes  cleaning  es- 
tablishment except  in  closed  machines.  All  quantities  of 
benzine  or  gasoline  in  excess  of  one  gallon  shall  be  stored 
in  underground  tanks  of  the  following  specifications: 


683 

(a)  All  storage  tanks  shall  be  constructed  of  not  less 
than  1_'  gauge  galvanized  stool,  carefully  riveted  andsoldered 
and  coated  on  the  outside  with  asphaltum  or  cither  rust 
proof  material.  There  shall  be  no  openings  or  pipe  com 
tions  excepl  on  top  thereof,  and  no  tank  shall  be  connei 
either  directly  or  indirectly  with  any  drain,  catch  basin  or 
sewer. 

(b)  lank-  must  n.  it  exceed  300  gallons  capacit)  each. 
and  i i •  > t  more  than  6  tanks  For  benzine  <>r  gasoline  of  300 
gallons  capacity  each  shall  be  allowed  in  connection  with  anj 
one  clothes  cleaning  establishment. 

Sec.  693.  Installation  of  storage  tanks,  (a)  All  tank- 
are  to  be  installed  underground  "inside  of  building,  in  yard 
under  sidewalk  as  near  the  curb  line  as  possible,  or  under 
a  public  alley,  the  top  of  tanks  to  be  four  i4)  feet  below 
the    surface    and    entirely    surrounded    by    earth. 

(b)  Where  more  than  one  tank  is  installed,  they  shall 
be  separated  by  at  least  twelve  (12)  inches  of  earth,  all 
well  tamped  in  place.  The  tops  of  tanks  must  be  below 
the  level  of  the  lowest  pipe  line  in  the  building  used  in 
connection    with   the   equipment. 

(c)  No  storage  tanks  shall  be  covered  with  earth  until 
an  inspection  has  been  made  by  the  chief  of  lire  department. 

(d)  All  storage  tanks  shall  be  provided  with  one  (1) 
inch  diameter  galvanized  iron  vent  pipe,  same  to  be  connected 
to  top  of  tanks. 

This  vent  pipe  must  be  carried  up  at  least  twelve 
i  l.'i  feet  above  the  ground  level  and  terminate  in  a  double 
goose  neck  spark  protector,  the  openings  of  which  must  be 
covered  by  a  bra--  or  copper  wire  screen  of  at  least  30 
mesh.  Thi-  vent  pipe  must  be  placed  on  a  dead  wall  a-  re- 
mote from  window-  and  door-  a-  po-sible,  and  must  be 
attached  to  wall  with  pipe  hooks  and  kept  firmly  in  place. 
(f)  Filler  pipes  must  be  made  of  galvanized  iron 
piping  two  (2)  inches  or  more  in  diameter,  entering  in  at 
the   top   of   tank,   and    extending   to   the   bottom   ,,f   the   tank. 


684 

Upper  end  of  such  filler  pipe  must  terminate  in  screw  cap 
securely   locked. 

(g)  When  filler  pipe  runs  to  sidewalk  or  to  alley,  or 
to  other  public  highways,  it  must  terminate  in  screw  cap 
securely  locked,  and  be  protected  by  cast  iron  filler  box, 
same  to  be  flush  with  the  sidewalk  or  alley:  cover  of  said 
filler  box  to  be  securely  locked. 

'  1:  i  All  storage  tanks  shall  be  filled  from  a  tank 
wagon  in  the  daytime.  In  no  case  shall  any  tanks  or  drums 
of  gasoline,  empty  or  otherwise,  be  allowed  in,  upon  or  about 
any  clothes  cleaning  establishment   or   dye   works. 

(i,  Where  the  space  under  the  sidewalk  is  excavated 
for  use  as  part  of  the  basement,  tanks  shall  rest  on  or  beneath 
the  basement  floor,  shall  be  surrounded  by  a  brick  or  concrete 
wall  not  less  than  twelve  (12)  inches  thick,  extending  from 
the  bottom  of  the  tank  to  four  (4)  feet  above  the  top 
1  hereof'  the  space  between  the  top  of  the  tank  and  the  top 
of  the  wall  shall  be  filled  with  earth,  and  the  earth 
covered    with   at   least   three    (3)    inches   of  concrete. 

Sec.  694.  Pumps.  All  gasoline  or  benzine  must  be 
drawn  from  storage  tanks  by  automatic  closing  valve  pumps, 
and  no  gravity  siphon,  air  or  water  system  shall  be  per- 
mitted ;  such  pumps  to  be  located  above  the  top  of  the 
tanks  and  may  be  placed  inside  the  building.  Pumps  must 
be  of  an  approved  design,  having  valves  to  close  all  suction 
pipe  lines. 

Sec.  695.     Pipes.     All  pipes  must  lead  out  of  the  top  of 

all  tanks. 

All  piping  shall  be  galvanized  and  be  put  together 
with  litharge  and  glycerine. 

Sec.    696.  Handling    of    gasoline     and    benzine.       The 

piping  shall  be  so  arranged  that  all  gasoline  shall  be  pumped 

from  tanks  to  washers  and  return  without  being  exposed 
to  the  air. 


685 

Sec.  697.  Regulations.  (a)  No  open  lights  ol  any 
kind  shall  be  allowed  in  any  room  where  benzine  or  gaso 
line  is  used. 

(b)  No  stove,  forge,  torch,  boiler  or  other  furnace, 
flame  or  fire  shall  be  allowed  in  anj  room  when  benzine 
or  gasoliiu'  i--  used. 

All    electric    meters   shall    be    placed    at    least    four 
and  one-half  (4  above  the  floor. 

Sec.  698.      Duty    of    chief    of    fire    department.      Ii 
be  the  duty  nt'  chief  of  fire  department   to  see  that   the  pro 
visions   of   this   ordinance   are   complied    with,   and    for   that 
purpose    he    shall    have   access    to   any    and    all    buildings   or 
premises  used  a^  clothes  cleaning  establishments. 

It  any  proprietor  or  manager  of  any  clothes 
cleaning  establishment  shall  fail  to  refuse  to  comply  with  any 
of  the  provisions  of  this  ordinance,  said  chief  of  fire  depart- 
ment shall  notif)  such  proprietor  or  manager  to  appear  b< 
the  board  of  commissioners  of  Salt  Lake  City  within  iw<-  days 
after  the  service  of  said  notice,  and  show  cause  why  the  pt«- 
mit  which  may  have  been  granted  t<>  store  benzine  or  g; 
line  shall  n<  it  be  re\  i  iked. 

Sec.  699.  Penalty.  \u\  person  violating  am  of  the 
provisions  oi  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  1>\   a  fine  in  any  sum  nol  ding  fifty  dollars 

or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  maw  in  imposing  a  fine,  enter  as 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 

.  the  defendant  may  be  imprisoned  in  thi 
ding  thirty  da 


44 


686 


CHAPTER   XX. 

DEPARTMENTAL  SEGREGATK  >N. 

Section  700.     Resolution.     Be  it  resolved  by  the  board  of 

commissioners  of  Salt  Lake  City,  Utah: 

Sec.  1.  That  the  various  subordinate  departments  in 
the  administration  of  the  affairs  of  Salt  Lake  Citj  he.  and 
they  are  hereby  classified  under  and  are  distributed  into  and 
among  the  five  general  statutory  departments  as  follows, 
towit: 

Section  701.     Department  of  Public  Safety: 
Fire  department — 

Smoke  inspector. 
Police  department — 

Humane  officer. 
Health  department — 

Board  of  health. 

•Garbage   inspection    and    disposal. 

Veterinarian. 

Food  and  dairy  commissioner. 

Inspector  of  oils,  sealer  of  weights  and  measures. 

Section  702.     Department  of  Public  Affairs  and  Finance: 
Legal   department — 
City  treasurer. 
City  recorder. 
Clerks    of    the    city    courts — Civil    and    Criminal 

divisions. 
License  department. 
Purchasing  agent. 


Section  703.  Department  of  Streets  and  Public  Improve- 
ments: 

Enginei  •  ing  department — 

Street  department  and  irrigation. 
Building  inspector. 
Plumbing  inspector. 
Poll  tax  collector. 

Section  704.  Department  of  Water  Supply  and  Water 
Works: 

Superintendent. 
\ssessors  and  inspectors. 
Water  mains  and  connection- 
Service  distribution  and  met 
\\  ater  supply,  land  and  canal-. 

Section  705.     Department  of  Parks  and  Public  Property: 
Superintendent  of  parks. 
City  and  county  building. 
Cemetery. 
Playgrounds 

Public  lands  and  buildings 
Pound  keeper. 

Sec.  706.  That  the  foregoing  classification  and  dis- 
tribution shall  be  effective  until  such  time  as  the  board  of 
commissioners  shall,  by  a  majority  vote,  elect   to  change  the 

same. 


(,S8 


CHAPTER  XXI. 

DOGS. 

Sec.  707.  Registration.  Annual  tax.  It  shall  be  un- 
lawful for  any  person  to  own  or  keep  a  dog  within  the 
limits  of  this  city  without  making  application  to  the  city 
treasurer  for  that  purpose,  and  paying  to  said  treasurer  for 
the  benefit  of  the  city,  an  annual  tax  of  three  dollars  for 
a  female  dog  and  two  dollars  for  a  male  dog.  It  shall  be 
the  duty  of  the  treasurer  to  register  the  applicant's  name 
and  a  description  of  the  dog,  and  to  give  to  the  said  applicant 
a  certificate  of   registry. 

Sec.  708.  Owners  to  provide  collars.  It  shall  be 
the  duty  of  the  owners  of  all  dogs  so  licensed  to  pro- 
vide said  dogs  with  suitable  collars  with  a  metallic  plate 
or  check  attached  thereto  having  a  number  corresponding 
with  the  certificate  of  registry  inscribed  thereon,  and  all 
dogs  not  so  registered  and  collared  as  aforesaid,  found 
running  at  large,  shall  be  impounded,  and  the  owner  sub- 
jected to  the  same  penalty  as  the  owners  of  unregistered 
dogs.  Dogs  impounded  under  the  provisions  of  this  section 
shall   be   well   housed,   and   fed   and   watered. 

Sec.  709.  Impounding.  Redemption.  Any  dog  im- 
pounded as  an  unlicensed  dog  may  be  redeemed 
and  taken  from  such  pound  by  the  owner  or  any 
authorized  person,  upon  exhibiting  to  the  supervisor 
or  person  having  charge  of  said  pound,  a  cetificate  of  registry 
as  provided  in  Section  707,  showing  that  the  license  in  said 
section  imposed  has  been  paid  for  such  dog,  and  upon 
paying  the  person  in  charge  of  said  pound  an  impounding 
fee  of  one  dollar  and  the  sum  of  twenty-five  cents  for 
each   and   every   day.   such   dog   shall    have   been   impounded ; 


689 

and  all  impounded  dogs  not  redeemed  within  five  days  shall 
be  killed  in  a  humane  maimer. 

Sec.  710.       Cruelty     prohibited.       h    shall     be     unlawful 
iii\   person  to  maltreat  or  torture  an\   dog  or,  having  the 

right   or  authority  to  kill  any   dog,  to  kill   such   dog  in   any 

except   an   humane   maimer. 

Sec.  711.     Female  in  heat.     Prohibited  running  at  large. 
It    shall    be    unlawful    for   the   owner   of   any    female   dog    to 
permit    it    to    run    at    large    while    in    heat,    and    such 
may  he  killed  by  any  police  offic 

Sec.  712.  Prohibited  in  places  of  worship.  It  shall 
be  unlawful  for  the  owner  of  any  dog  to  permit  the  same 
to  enter  or  he  in  any  place  of  worship  during  publii 
service. 

Sec.  713.  Unlawful  to  keep  fierce,  dangerous  dogs. 
It  shall  be  unlawful  for  an)  person  to  keep,  own 
or  possess  a  fierce,  dangerous,  vicious  or  mischievious 
dog  within  the  limits  of  Salt  Lake  City.  The  chief  of 
police  of  said  city  is  hereby  authorized  to  kill  or  cause 
t.'  he  killed  all  fierce,  dangerous,  vicious  "i-  mischievous  dogs 
found  within  the  limits  of  said  city.  In  pursuance  of  his 
duty  in  this  regard,  he  is  authorized  t<>  enter  the  premises 
of  any  one  keeping  such  fierce,  vicious  or  mischievous  dog. 

Sec.  714.  Killing  registered  dogs  prohibited.  It  shall 
he  unlawful  for  any  person  t"  kill,  or  cause  to  he  killed,  any 
d":,r  registered  as  herein  provided,  without  the  consent  of 
the   owner   i  ssor   thereof,   or   to   deprive  a   registered 

of  it-  collar,  or  to  place  a  registration  tag  on  any  dog 
not   duly  registered. 

Sec.  715.  Barking  dogs.  It  shall  be  unlawful  for  any 
person  to  own.  keep  or  harbor  within  the  limits  of  Salt  Lake 


690 

City,  any  dog  which  by  barking,  howling  or  yelping  disturbs 
the  quiet  of  any  neighborhood  or  person. 

Sec.  716.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  bv  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter  as 
a  part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine  the  defendant  may  be  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 


691 


CHAPTER   XXII. 

EMPL<  IYMEN  I'   i  IFFK  I  S 

Sec.  717.  Must  obtain  license.  Employment  agent  de- 
fined. It  shall  be  unlaw  fill  for  any  person  to  open  and 
establish  in  Sail  Lake  City,  any  intelligence  or  employment 
office,  for  the  purpose  of  procuring  or  obtaining,  for  monej 
or  other  valuable  consideration,  either  directly  or  indirectly, 
any  work,  employment,  or  occupation  for  persons  seeking 
the  same,  or  to  otherwise  engage  in  the  business,  or  in  any 
way  tu  act  as  a  broker  or  go-between  between  emplo) 
and  persons  seeking  work,  withoul  first  having  obtained  a 
license  so  to  do.  An)  person  performing  am  of  the  f< 
going  enumerated  services  as  aforesaid,  shall  be  deemed  to 
be  an  employment  agent  within  the  meaning  of  this  act. 

Sec.  718.  Licenses.  All  persons  required  to  pa)  a  license 
as  provided  in  this  ordinance  shall  pa)  to  Salt  Lake  City  an- 
nually in  advance  the  sum  of  SICK")  for  >uch  license. 

Sec.   719.     Application,  to  whom  made.      \n  n   ap- 

plying for  a  license  under  the  provisions  of  this  act,  shall 
make  application  to  the  board  of  commissioners  for  the 
same,  and  shall  deposil  with  the  city  treasurer,  in  advai 
the  annual  fee  for  such  license,  to  be  evidenced  by  the  re- 
ceipt of  the  city  treasurer  indorsed  "ti  said  application.  If 
the  boai  nmissioners  refuse  to  order  the  issuanci 

such  license  to  the  party  or  parties  applying  for  the  same, 
the  sum  so  deposited  with  the  city  treasurer  shall  be  re- 
funded to  the  applicant  or  applicant-  for  license  without 
any  further  action  of  the  hoard  of  commissionei 

Sec.  720.  Annual  license.  Bond.  \ny  person  licensed 
under   the    provisions   of   this   ordinance    -hall    pa)    the   annual 


692 

license  fee,  and  before  such  license  shall  be  issued  shall  de- 
posit with  the  city  treasurer  a  bond  in  the  penal  sum  of 
$1,000.  with  two  or  more  sureties,  to  be  approved  by  the 
board  of  commissioners ;  such  bonds  shall  be  made  payable 
to  the  city,  and  shall  be  conditioned  that  the  person  apply- 
ing for  the  license  will  comply  with  this  ordinance  and  shall 
pay  all  damages  occasioned  to  any  person  by  reason  of  any 
misstatement,  or  misrepresentation,  or  fraud,  or  deceit  of 
anv  person  or  persons,  their  agents,  or  employes,  or  from 
any  other  violation  of  this  ordinance,  in  carrying  on  the 
business  for  which  license  is  granted-  If  at  any  time,  in  the 
opinion  of  the  board  of  commissioners,  the  sureties,  or  any 
of  them,  shall  become  irresponsible,  the  person  holding  such 
license  shall,  upon  notice  from  the  city  treasurer,  give  a 
new  bond,  to  be  approved  as  hereinbefore  provided.  Failure 
to  give  a  new  bond  within  ten  days  after  such  notice  shall 
operate  as  a  revocation  of  such  license,  and  the  license  shall 
be  immediately  returned  to  the  city  treasurer,  who  shall 
destrov  the  same.  Licenses  granted  under  this  ordinance 
may  be  transferred  by  order  of  the  board  of  commissioners, 
but  before  such  transfer  shall  be  authorized,  the  applicant 
or  applicants  for  the  same  shall  deposit  with  the  city  treas- 
urer the  sum  of  $5.00.  which  shall  be  indorsed  upon  the 
application,  and  the  person,  persons,  firm,  corporation,  or 
association  to  whom  such  license  is  transferred  shall  also 
deposit  such  bond  as  is  required  by  the  applicant  or  appli- 
cants for  an  original  license,  as  hereinbefore  prescribed,  and 
t"  he  approved  in  the  same  manner. 

Sec.  721.  Id.  To  be  publicly  exposed.  Upon  the  grant- 
ing of  a  license  by  the  Imard  of  commissioners,  the  city 
treasurer  shall,  within  one  week  after  payment  of  the  license 
'  fee,  issue  to  the  applicant  or  applicants  entitled  to  the  same, 
a  certificate  of  license  setting  forth  the  fact  that  such  license 
has  been  granted,  and  it  shall  be  the  duty  of  all  persons  who 
may    obtain    such    certificate    of    license,    to    keep    the    same 


693 

publicly    exposed    to    view    in    a   conspicuous    place    in    their 
i  e  or  place  <  if  business. 

Sec.  722.  Penalties  for  sending  female  help  to  certain 
places.  \n\  employment  agent  who  shall  knowinglj  send 
out  any  female  help  to  any  place  of  bad  repute,  house  of 
ill-fame  or  assignation  In  •use.  or  to  any  house  or  place  ol 
amusement  kept  for  immoral  purposes,  shall  be  liable  to 
pa)  a  fine  of  nol  less  than  one  hundred  ($100.00)  dollars 
and  shall  l>e  imprisoned  nol  less  than  ninety  days,  and,  on 
conviction  thereof,  in  any  court,  shall  have  lu^.  its  or  thi 
license  i evoked. 

Sec.  723.  Must  obtain  bona  fide  order  before  sending  out 
help.  \ny  employment  agent  who  shall  send  oul  any  help, 
male  or  female,  without  having  previously  obtained  a  bona 
fide  order,  shall,  upon  conviction  thereof,  for  each  and  every 
offense,  be  subject  to  the  penalties  provided  in  Section  736 
of  this  ordinance. 

Sec.  724.  Unlawful  to  receive  money  or  consideration 
until  information  or  assistance  is  furnished.  It  shall  be  un- 
lawful fi >r  an)  employment  agent  to  receive,  directlj  or  in- 
directly,  any    monej    titer    valuable    consideration    from 

any  person  seeking  employment,  for  any  information  or 
assistance  furnished  or  to  be  furnished  by  said  agenl  to  such 
person,  enabling  or  tending  to  enable  said  person  to  secure 
such  employment,  prior  to  the  time  at  which  said  informa- 
tion or  assistance  is  actually  thus  furnished. 

Sec.  725.  Id.  If  applicant  fails  to  obtain  information  or 
assistance.  It  shall  be  unlawful  for  am  employmenl  agenl 
to  retain,  directly  or  indirectly,  any  money  or  other  valuable 
consideration  received  for  any  information  or  assistance 
such  as  is  described  in  Section  724,  if  the  person  For  whom 
such    information   oi  ince    is    furnished    fails,   through 

no   neglect   or  laches  ,,f  his  own,   to   secure   the   employment 


694 

regarding  which  such  information  or  assistance  is  furnished  ; 
then  said  money  or  consideration  shall  be  by  said  agent 
forthwith  returned  to  the  payor  of  the  same,  upon  demand 
therefor  by  the  latter  or  his  agent. 

Sec.  726.  Commission  limited.  It  shall  be  unlawful  for 
any  employment  agent  to  receive  as  commission,  directly 
or  indirectly,  for  information  or  assistance  such  as  described 
in  Section  724,  any  money  or  other  consideration  which  is 
in  value  in  excess  of  eight  per  cent  of  the  amount  earned, 
or  prospectively  to  be  earned,  by  the  person  to  whom  such 
information  is  furnished,  through  the  medium  of  the  em- 
ployment regarding  which  such  information  or  assistance  is 
given,  during  the  first  month  of  such  employment ;  provided, 
that  said  value  of  said  commission  shall  not  be  in  excess  of 
eight  per  cent  of  the  amount  actually  prospectively  to  be 
earned  in  such  employment  when  it  is  mutually  understood 
by  the  agent  and  person  in  this  section  mentioned,  at  the 
time  when  said  information  or  assistance  is  furnished,  that 
said  employment  is  to  be  for  a  period  of  less  than  one 
month. 

Sec.  727.  Employers'  register  to  be  kept.  Each  employ- 
ment agent  duly  licensed  under  this  ordinance  shall  enter 
upon  a  register  to  be  kept  for  that  purpose,  and  to  be  known 
as  an  "Employers'  Register,"  every  order  received  from  any 
corporation,  company  or  individual  desiring  the  service  of 
any  persons  seeking  work  or  employment,  the  name  and  the 
address  of  the  corporation,  company  or  individual  from 
whom  such  order  was  received,  the  number  of  persons 
wanted,  the  nature  of  the  work  or  employment,  the  town 
or  city,  street  and  number,  if  any,  where  such  work  or  em- 
ployment is  to  be  furnished,  and  the  wages  to  be  paid. 

Sec.  728.  Labor  applicants'  register  to  be  kept.  Each 
employment  agent  shall  keep  a  register,  to  be  known  as 
"Labor    Applicants'    Register,"    which    shall    show    the   name 


69S 

each  person  to  whom  information  <>r  assistance  is  fur- 
nished, a-~  is  described  in  Section  727;  and  the  amount  of 
the  commission  received  in  each  such  case  therefor;  the 
name  of  each  person  who,  having  received  and  paid  [or, 
herein  contemplated,  information  or  assistance  such  as  is 
described  in  Section  724,  fails  to  secure  the  employment 
regarding  which  such  information  or  assistance  is  furnished, 
together  with  the  reason  why  said  employment  was  not  by 
said  person  secured,  and  the  name  of  each  i  o  whom 

return  is  made,  in  accordance  with  the  provision- 
hereof,  of  any  money  or  other  consideration  such  as  is 
in  said  section  named,  together  with  the  amount  of  said 
money,  or  the  value  of  said  consideration,  thus  returned. 
The  registers  required  by  this  ordinance,  and  by  this  section, 
shall  be  open  at  all  reasonable  hours  to  the  inspection  of  any 
peace  officer. 

Sec.   729.     Written  copy  to  be  furnished.      Ever)    person 

securing    information    or    intelligence    from    an    employment 

it    in  reference  to  hiring  or  engaging  to  work   for  Others, 

provided  in  this  ordinance,  shall  be  furnished  a  written 
copy  in  duplicate  of  the  terms  ^i  such  hire  or  engagement 
by  said  employment  agent,  showing  the  amount  of  commis- 
sions or  fees  paid  such  employment  agent,  kind  of 
vice  to  be  performed,  rate  of  wages  or  compensation. 
length  of  time,  if  definite  and  if  indefinite  it  should  bi 
stated,  of  such  service,  with  full  name  ami  address  of  the 
person  or  persons,  firm  or  corporation  authorizing  the  hire 
of  such  persons;  one  of  the  aforesaid  copies  to  he  delivered 
it  or  persons,  firm  or  corporation  for  whom  the 
labor  is  to  he  performed,  and  the  other  t"  he  retained  by  the 

'ti   furnished   with   information  or  intelligence,  a-  afi 
-aid;  and  the  agent  i-mhii-  tin-  above  described  written  cop) 

the  conditions  of  service  or  employment  shall  make  and 
keep,  in  a  hook  provided  for  the  purpose,  a  third  copy  of  the 
same;   and   any   person   enpaped   in    the   busines-  eping 

an  employment  office,  such  as  is  contemplated  by  this  ordi- 


696 

nance,  who  shall  fail  to  observe  the  provisions  of  this  section, 
shall  be  subject  to  the  penalties  provided  in  this  ordinance; 
provided,  that  it  shall  be  lawful  to  keep  the  register  required 
by  this  ordinance,  and  the  receipt  required  by  this  section, 
in  the  same  book  and  on  one  and  the  same  form,  if  desired. 

Sec.  730.  Penalty  for  dividing  fees.  Any  employment 
agent  sending  out  help  to  contractors  or  other  employers  of 
help,  and  dividing  the  fees  herein  allowed  with  sub-contract- 
ors and  employers  of  help,  or  their  foreman  or  anyone  in 
their  employ,  shall  be  subject  to  the  penalties  provided  in 
this  ordinance. 

Sec.  731.  Employment  or  intelligence  office  not  to  be 
kept  in  any  place  where  intoxicating  liquors  are  sold.  It 
shall  be  unlawful  for  any  employment  agent  to  conduct  the 
business  of  an  employment  or  intelligence  office  in,  or  in 
connection  with,  any  place  where  intoxicating  liquors  are 
si  ild  or  dispensed. 

Sec.  732.  False  information.  Penalties.  If  any  person, 
persons,  firm,  corporation,  or  association,  or  his,  its,  or  their 
agent  or  employes  engaged  in  the  business  of  employment 
or  intelligence  agent  or  broker,  duly  licensed,  as  provided  in 
this  ordinance,  shall  give  any  false  information  or  shall  make 
any  misstatement,  or  shall  make  any  false  promises  con- 
cerning any  work  or  employment  or  occupation,  or  shall 
fail  to  keep  the  registers  as  are  prescribed  in  this  ordinance, 
or  shall  wilfully  make  any  false  entries  in  such  register,  or 
shall  violate  any  other  provisions  of  this  ordinance,  for 
which  violation  penalties  are  not  hereinbefore  provided, 
shall,  upon  conviction  thereof,  for  each  and  every  offense, 
be  fined  in  any  sum  not  exceeding  one  hundred  ($100.00) 
dollars,  and,  in  the  discretion  of  the  trial  judge,  the  license 
under  which  such  person,  persons,  firm,  corporation,  or  as- 
sociation has  or  have  been  permitted  to  conduct  the  business 
i  >i    any   employment  or  intelligence  office,  shall  be  forfeited. 


697 

Sec.  733.  Suits.  How  brought.  All  claims  or  suits 
brought  in  any  court  against  any  employment  or  intelli- 
gence agent,  may  be  brought  in  the  name  of  the  party  in- 
jured upon  the  bond  deposited  with  the  city  treasurer  by 
said  employment  or  intelligence  agent,  as  provided  in  Sec 
tion  720  and  may  be  transferred,  as  other  claims,  for  dam- 
age in  civil  suits;  the  amount  of  damages  claimed  by  the 
plaintiff,   not    the   penalty   named   in    the   bond,   shall    be   the 

of   the  jurisdiction  of  the  court  in   which   the   action   is 
brought. 

Sec.  734.  Not  applicable  to  religious  or  charitable  asso- 
ciations. Nothing  herein  shall  be  construed  so  as  to  require 
any  religious  or  charitable  association  which  ma)  assist  in 
ituations  or  employment  for  persons  seeking  the 
same,  to  obtain  a  license  so  to  do  under  the  provisions 
this  ordinance. 

Sec.  735.  Certain  parts  of  this  ordinance  to  be  conspicu- 
ously posted.  The  keeper  of  an  employment  or  intelligence 
office  shall  cause  two  copies  of  this  ordinance,  printed  in 
type  of  sufficient  -i/e  to  be  legible  and  easily  read,  to  be 
conspicuously  posted  in  each  room  used  or  occupied  for  the 
pttrpos,-  ol  such  employment  or  intelligei  ice. 

Sec.   736.  Penalty.        \n\     person     violating    any    of    the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof 
eept  a-  otherwise  provided,  he  punished  by  a  fine  in  any  sum 
not  exceeding  fifty  dollars  or  by  imprisonment  in  the  city  jail 

riod   not   longer   than   thirtj    days.     The  court 
in   imposing   a    fine,   enter   as   part    of   tin-    judgment,   that    in 
default    of    the    payment    of    the    fine    the    defendant     ma\     be 
imprisoned    in    the    city    jail    for    a    period    no  ding 

thirty 


698 


CHAPTER  XXIII. 
EXPLOSIVES   AND   COMBUSTIBLES. 

Sec.  737.  Erection  of  magazines.  It  shall  be  unlawful 
t"i  any  person  to  erect  or  maintain  any  magazine  for  the 
storage  of  explosives  within  the  corporate  limits- 
Sec.  738.  Permit  to  sell  explosives.  It  shall  be  unlaw- 
ful for  any  person  to  keep,  sell,  give  away  or  otherwise 
dispose  of  any  gunpowder,  giant  or  hercules  powder,  nitro- 
glycerine, dynamite  or  other  explosive  in  any  quantity, 
within  the  limits  of  Salt  Lake  City,  without  first  making 
written  application  for,  and  receiving  a  permit  from  the 
board  of  commissioners  so  to  do;  provided,  that  any  person 
may  keep,  in  a  canister  or  flask,  for  his  own  use,  not  to 
exceed  six  and  one-quarter  pounds  of  gunpowder.  The  ap- 
plication shall  be  signed  by  the  applicant,  and  designate  the 
place  where  he  desires  to  sell  explosives.  All  permits  to 
sell  explosives  shall  be  certified  by  the  recorder,  and  shall 
show  to  whom  granted,  and  the  place  where  explosives  are 
permitted  to  be  sold.  The  recorder  shall  keep  a  record  of 
all  such  permits  issued.  The  board  of  commissioners  may, 
at  any  time,  revoke  any  permit  issued  under  the  provisions 
of  this  section. 

Sec.  739.  Gunpowder  in  stores.  It  shall  be  unlawful  for 
any  person  within  the  city  limits,  to  keep  about  his  place 
of  business  to  exceed  one  hundred  pounds  of  gunpowder, 
and  the  amount  so  kept  shall  be  stored  in  canisters  and 
placed  in  a  vault  of  construction  approved  by  the  chief  of 
the  fire  department,  and  located  at  an  accessible  point  not 
nearer  than  twenty  feet  to  any  other  building,  and  it  shall 
be  unlawful  to  sell  or  weigh  gunpowder  by  gas,  lamp,  or 
candle   lisjht. 


699 

Sec.  740.  High  explosives  not  to  be  kept  in  stores,  or 
permitted  to  stand  in  railway  cars-  It  shall  be  unlawful  for 
any  person,  firm,  association,  or  corporation  to  store  or  keep 
giant  or  hercules  powder,  nitro-glycerine  or  dynamite  al  any 
place  within  the  limits  of  Salt  Lake  City,  other  than  in  a 
powder  magazine;  and  it  shall  be  unlawful  for  any  railroad 
compam  to  permit  any  car  containing  gunpowder,  gianl  or 
hercules  powder,  nitro-glycerine,  dynamite  or  other  explo 
sive  to  stand  or  remain  on  any  mam.  sidetrack  or  switch  "i 
said  company,  within  i li i -  city  for  a  longer  period  than  ten 
minutes;  provided,  that  a  sample  of  giant  or  hercules 
not  to  exceed  one  pound  of  each,  may  be  kept  at  the  place  of 
business  of  any  person  holding  a  permit  as  provided  for  the 
rage  of  gunpowder  in  Section    .... 

Sec.  741.  Giant  or  hercules  powder  caps.  Manner  of 
keeping.  It  shall  be  unlawful  for  any  person  to  keep  or 
store  giant  or  hercules  powder  caps,  or  caps  use  I  plode 

giant  or  hercules  powder,  unless  they  be  in  cases,  kept 
separate  from  any  kind  of  explosive  powder;  if  kept  in  a 
powder  magazine,  they  shall  be  in  a  separate  vault  or  safe; 
if  kept  at  a  place  of  business,  they  shall  he  in  a  vault  or  safe 

irate  and  removed  from  all  other  explosives,  as  provided 
for  tlie  gunpowdi 

STORAGE    OF  GASOLINE   AND   OTHER   mils. 

Sec.   742.  Definitions.     For  the  purpose  of  this  ordinance, 
■idard    flash    test"    means   "will    not    flash   or   emit    an    in 
flammable    vapor    at    a    less   temperature    than    one    hundred 

and    ten    ill1  :  alirenheit." 

Sec.   743.      Permit   to   be   obtained.    It    shall    he    unlawful 
;m.   gasoline,   benzine,   naphtha. 
tillate,  '">r  any  produ  troleum  or  hydro-carbon  liquids 

in    quantities    greater    than    five    (?)    gallons,    without    first 

ining  a   permit    from   the  chief  of   five  department,   ^peci- 


700 

fying  the  name  of  permittee,  the  location  of  the  premises  to 
be  used  for  such  storage  or  use,  and  the  amount  thereof 
desired  to  be  used  or  stored ;  provided,  that  all  persons,  firms, 
companies  or  corporations  now  conducting  such  a  place  for 
the  above  named  articles  shall,  after  the  passage  of  this 
ordinance,  comply  with  all  the  requirements  hereinafter 
specified  in  this  ordinance,  governing  the  storage  or  use  of 
an  additional  supply  of  the  above  named  oils  or  liquids ; 
provided,  however,  that  this  section  shall  not  apply  to  ordi- 
nary kerosene  or  coal  oil  stoves  using  oil  of  standard  flash 
test. 

The    chief   of    fire    department    shall    furnish    each    appli- 
cant with  a  copy  of  this  ordinance. 

Sec.  744.  Flash  test  below  110  degrees.  Quantity  5  to 
300  gallons.  It  shall  be  lawful  to  keep  or  store,  or  permit 
to  be  kept  or  stored,  petroleum,  gasoline,  benzine,  naphtha, 
distillate,  products  of  petroleum,  or  hydro-carbon  liquids 
not  of  standard  flash  test  in  quantities  of  not  more  than 
three  hundred  (300)  gallons,  in  a  tank  constructed  of  not 
less  than  No.  12  gauge  galvanized  steel,  riveted,  steel  to 
steel  joints,  soldered  and  coated  with  tar  or  other  rust- 
resisting  materials,  or  in  an  iron  tank  not  less  than  three- 
sixteenths  (3-16)  of  an  inch  thick,  riveted  and  caulked 
coated  with  tar  or  other  rust-resisting-  material :  such  tank 
to  be  placed  outside  the  walls  of  any  building,  with  its  top 
at  least  four  (4)  feet  underground  and  covered  over  with 
at  least  four  (4)  feet  of  earth-  Such  tank  shall  be  filled  only 
through  a  section  of  hose  suitable  for  the  purpose  directly 
connected  to  the  tank  delivery  wagon,  which  hose  shall  be 
detached  from  feed  pipe  when  not  in  service.  Oil  shall  be 
taken  from  Mich  tank  only  by  a  pump  with  automatic  cutoff; 
gravity,  air  or  water  pressure  or  siphon  process  shall  not  be 
permitted. 

Sec.   745.     Flash  test   110  degrees  or  higher,      (a)   Quan- 
tity  under   500   gallons.      Kerosene,   coal    oil.   petroleum,   dis- 


7U1 

dilate,    products   of    petroleum,    or    hydro-carbon    liquids   of 
standard  flash  test,  in  quantities  not  exceeding  five  hundred 

gallons,   may   be   kept    or   stored    in    metallic 
metallic  tank-  of  not   exceeding  thirt)    (30)    gallon  capai 
or  in  an  underground  tank  as  specified. 

Quantity   over   .;ix>   gallons,      li    shall    be   unlawful 
to   keep   or   store,   or   permit    to   be   kept   or  .   in   any 

building,  or  upon  anj  one  premises,  street,  or  place,  in  quan 
iitie>  in  excess  of  five  hundred  (500)  gallons,  any  petroleum.. 
distillate,  products  of  petroleum  or  hydro-carbon  liquid 
standard  flash  test,  except  in  tanks  arranged  as  provided 
or  in  barrels  or  metallic  cans  m  a  one-stor)  brick,  stone,  or 
concrete  building,  with  a  concrete  or  hollow  tile  roof,  with  no 
interior  woodwork  whatever,  with  all  exterior  openings  pro- 
tected with  wire  glass  not  less  than  one-quartei  i  inch 
thick  in  metal  frame-  and  sash,  or  with  wooden  tin-clad  <I 

hutters.      Ml  door  openings  to  have  masonr)    sills  rising 
not  less  than  one  foot  above  the  floor.     Such  buildings  I 
upied  exclusively  for  storage  of  oils  and  liquids. 

Sec.  746.      Storage    tanks   above    ground    outside    of   any 
building.     (Quantity  over  300  gallons — any  flash  Be- 

fore any  tank  or  tanks  for  the  storage  of  gasoline,  benzine, 
naphtha,  distillate,  petroleum,  or  any  products  of  petroleum, 
•1), .n    liquids    in    greater    quantities    than    three 
hundred    (300)    gallons,    shall     be     built    or    erected    ab 

ind,  there  shall  be  submitted  to  the  chief  of  fire  dep 
ment  with  the  application  required  plans  of  the  proposed  tank 
< >r  tanks,  showing  their  size,  capacity,  construction,  proposed 
contents,    location,    distance    from    water   or   railroad    tra 
and  the  location  of  all  adjacent  buildings,  together  with  plans 
and    specifications    for    a    hrick,    i  reinforced    con 

crete  wall  to  surround  -aid  tank  or  tanks. 

All  je  tanks  -hall   he  located  a  sufficient 

tance    from    railroad    tracks,    bulkheads,    or    water    fronts 

mis.  lake-  or  ponds  to  allow    i li ■  ■rick 

or  concrete   wall   not    less  than   four  high:  and   plain 


45 


7i  12 

concrete  walls  must  be  at  least  thirteen  (13)  inches  thick  at 
top  and  to  be  reinforced  with  buttresses  at  every  ten  (10) 
feet. 

Plans  and  specifications  for  all  walls  must  be  approved 
by  the  chief  of  fire  department. 

The  reservoir  funned  by  such  walls  must  have  a  ca- 
pacity at  least  twenty  (20)  per  cent  greater  than  that  of  the 
tank,  and  there  shall  be  no  opening  of  any  kind  in  said  walls. 

Sec.  747.  Oils  and  liquids  in  transit.  None  of  the  oils 
or  liquids  mentioned  shall  be  allowed  while  in  transit  to  re- 
main in  any  building  in  greater  quantities  than  five  (5)  gal- 
lons, at  night  between  the  hours  of  sunset  and  sunrise,  but 
shall  be  so  placed  outside  of  any  building  as  to  be  readily 
accessible  to  the  fire  department  in  case  of  fire,  at  a  spot 
determined   upon   by   the  chief  of  fire  department. 

Sec.  748.  Oil  wagons,  keeping  of.  It  shall  be  unlaw- 
ful for  any  person  to  store,  keep  or  permit  to  be  stored  or 
kept,  during  the  day  or  night,  within  two  hundred  (200)  feet 
of  any  house,  stable  or  other  building  or  structure  within  the 
city,  any  wagon  or  other  vehicle  used  for  the  purpose  of  selling 
at  wholesale  or  retail,  or  delivering,  petroleum,  gasoline  or 
other  inflammable  oil;  provided,  that  this  ordinance  shall  not 
.•>pply  if  such  wagon  or  vehicle  shall  be  empty  or  be  kept  or 
stored  in  a  building  in  all  respects  fireproof,  according  to  a 
certificate  to  that  effect  to  be  given  by  the  chief  of  the  fire 
department,  and  filed  with  the  city  recorder  of  this  city. 

Sec.   749.      Fuel    petroleum,    or    distillate,    for    fuel.      No 

plant,  device,  or  apparatus  for  burning  crude  or  fuel  pe- 
troleum, or  distillate,  or  for  generating  a  gas  therefrom  for 
fuel  purposes,  shall  be  constructed,  located  or  maintained 
except   in    accordance    with    the   following   specifications: 

(a)  The  storage  tank  of  not  exceeding  ten  thousand 
( 10,000)  gallons'  capacity,  to  be  constructed  of  boiler  iron 
or  steel   not  less  than   three-sixteenths    (3-16)    of  an   inch   in 


703 

thickness,  the  top  ol  same  to  be  buried  m  >t  less  than  four 
Feel  underground,  and  located  outside  the  foundations 
of  any  building.  Filling  pipe  of  not  exceeding  eighl  (8) 
inches  in  diameter  to  be  closed  b)  screw  rap.  The  lank 
must  be  ventilated  bj  pipe  of  nol  less  than  one  (1)  inch  in 
diameter,  extending  at  leasl  ten  (10)  feet  above  the  ground, 
and  provided  with  a  return  bend.  The  oil  to  be  pumped 
from  storage  tanks  to  burners,  the  suction  pipe  to  lead 
through  the  top  of  the  tank  and  to  he  provided  with  a  shut- 
off  valve  near  burning  point  independenl  of  any  valve  that 
is  part  of  the  burner.  The  storage  tank  must  be  connected 
with  boiler  by  steam  pipe,  which  can.  if  desired,  be  con 
nected  with  the  overflow  pipe,  and  should  be  blown  out 
before  being  entered  for  cleaning  or  other  purposes,  but 
this  pipe  must  nol  be  used  for  heating  the  oil  in  the  tank. 
[f  the  oil  is  heated  it  must  be  done  by  a  device  outsidi 
the   storage   tank. 

i  hi  To  properly  clean  the  tank  a  man-hole  may  be 
provided,  which,  if  provided,  must  be  closed  above  by  a  hinge 
and  locked  or  bolted  cover,  and  below  (at  the  top  of  the 
tank  i  by  a  boiler-plate  cover,  flanged  and  screwed.  The 
-pace  thus  formed  must  l>e  filled,  while  not  used,  with  sacks 
of  sand,  to  prevent  the  accumulation  of  gas. 

All  storage  tanks  shall  he  surrounded  with  a  brick  or 
concrete  wall  not  less  than  twelve  (12)  inches  in  thickness. 

(c)  Where  the  sidewalk  is  excavated  for  use  as  a  part 
of  the  basement,  tank*  may  be  placed  under  the  sidewalk, 
and  if  -o  placed  shall  be  below  the  level  of  the  flour.  Such 
tank-   shall   be  surrounded   b)    a  brick  or  concrete   wall   not 

than  twelve  (12)   inches  thick,  which  wall,  if  the  top  of 
the    tank    is    less    than    four    (4)     feet    below     the    level    of    the 
floor,  shall  rise  to  a  height  of  four  <  -+  >  feet  above  the  top  oi 
the  tank:  the  space  between  top  of  tank  and  basement   I 
or   top  of  wall   -hall   he   filled   with   earth.      All    tanks   in   bi 
ment  under  the  sidewalk  mu-t  b<  i  the  retain- 

ing wall  "i  the  <treet 


704 

(d)  The  tops  of  all  storage  tanks  must  be  below  the 
lowest   point   at   which  oil   is   burned. 

(e)  All  tanks  must  be  carefully  caulked  and  riveted, 
and  all  piping  must  be  done  in  the  best  possible  manner,  and 
first   class  material  only  must   be  used. 

(f)  No  storage  tank  shall  be  covered  with  earth  until 
an  inspection  has  been  made  by  the  chief  of  fire  department. 

Sec.  750.  Flash  test  for  oil.  \'o  petroleum,  distillate, 
kerosene,  coal  oil,  or  product  'if  petroleum  shall  be  used  for 
fuel,  cooking,  heating  or  illuminating  purposes,  within  the 
fire  limits  of  Salt  Lake  City,  Utah,  unless  the  same  will 
stand  the  standard  flash  test  of  one  hundred  and  ten  (110) 
degrees  Fahrenheit,  or  ,  nitside  said  fire  limits  without  first 
obtaining  a  permit  from  the  chief  of  fire  department,  who 
in  issuing  or  refusing  such  permit  shall  exercise  a  reasonable 
and  sound  discretion,  taking  into  consideration  the  char- 
acter of  the  applicant  and  the  intended  location. 

Sec.  751.  Oils  and  liquids — container.  All  gasoline,  ben- 
zine, naphtha,  kerosene,  coal  oil  or  any  product  of  petroleum, 
or  hydro-carbon  liquids  in  any  quantity  permitted  in  this 
ordinance,  shall  always  be  kept  in  metallic  cans,  or  tanks, 
except  when  in  barrels,  as  herein  provided. 

Sec.  752.  Duties  of  the  chief  of  fire  department.  It  shall 
lie  the  duty  of  the  chief  of  fire  department  to  see  that  the 
provisions  of  this  ordinance  are  complied  with,  and  for  that 
purpose  shall  have  access  to  any  and  all  buildings  or 
premises 

Sec.  753.  Adulterating  oils.  It  shall  be  unlawful  for  any 
pers,  ,n  to  mix  ,,r  adulterate  any  ,>il  used  for  illuminating 
purposes  with  benzine,  naphtha,  gasoline  or  any  other  sub- 
stance: or  to  offer  for  sale  any  illuminating  oil  so  mixed 
or  adulterated:  and  all  oils  or  fluids  manufactured  from 
petn , leiim   or  its   products,   to  be   used    for   illuminating  pur- 


705 

poses,   -hall  be  required   to  stand  a   fire   lot  of   11m  degrees 
Fab iv nlii-it   before  they  flash  or  emit  an  inflammable  vapor. 

Sec.  754.  Manufacture  of  explosive  chemicals.  It  shall  be 
unlaw  fnl  for  any  person  to  manufacture  acids,  or  any  com 
bustible  or  explosive  chemicals,  or  boil  or  refine  nils,  or 
maintain,  erect,  or  cause  to  be  erected  any  works  for  the 
manufacture  of  acids  or  explosive  chemicals,  or  for  the 
boiling  or  refining  of  nils,  within  forty  rods  of  any  dwelling 
In 'use  or  place  of  business. 

Sec.  755.  Storage  of  explosive  substances.  li  shall  be 
unlawful  for  any  person  to  receive,  keep,  store  or  suffer  to 
remain  in  an)  place  within  the  limits  of  Salt  Lake  City,  any 
explosive  substance,  having  an  explosive  power  greater  than 
that   of  ordinary  gunpowder. 

Sec.  756.  Place  of  storage  for  explosives.  When  to  be 
open.  It  shall  be  unlawful  for  any  person  to  open,  permit 
or  cause  to  be  opened  the  place  wherein  the  articles  de- 
scribed in  this  chapter  are  kept  stored,  before  sunrise  or  after 
sunset  on  any  day;  or  to  carry,  or  permit  or  cause  to  be  ear- 
ned into  or  to  be  kept  in  such  places,  any  Eire  or  lighl  at  any 
time. 

Sec.  757.  Kindling  fires  with  combustible  fluids  pro- 
hibited. It  shall  be  unlawful  for  any  person  to  use  coal  oil 
or  other  combustible  fluid  for  the  purpose  of  kindling  fires, 
or  to  pour  coal  oil  or  other  combustible  fluid  from  one  vessel 
to  another  al   any  time  except  during  the  hour-  of  daylight. 

Sec.    758.      Prohibiting    the    carrying    of    fire    except    in 

covered  vessels.     It  shall  be  unlawful  for  any  person  to  carry 

cause  to  be  carried  in  any  house,  street  or  lot, 

any   burning  coals   or   brands  of   fire,   unless   such   coals  or 

brands  be  in  a  covered  vessel. 


706 

It  shall  be  unlawful  for  any  person  within  the  limits 
of  Salt  Lake  City  to  discharge,  explode  or  set  off  any 
rocket,  squib,  firecracker,  roman  candle,  cannon,  gun,  rifle, 
pistol,  toy  pistol,  or  any  other  firearm  or  fireworks,  or  com- 
bustible or  explosive  matter  whatever  without  first  obtain- 
ing permission  of  the  board  of  commissioners,  which  permis- 
sion shall  be  in  writing  and  shall  specify  the  time  when  and 
the  place  where  such  fireworks  or  firearms  or  combustible 
or  explosive  matter  may  be  discharged,  set  off.  or  exploded- 
Provided,  however,  that  the  board  of  commissioners  may  give 
permission  for  public  pyrotechnical  celebrations,  exhibitions, 
or  displays  under  safe  and  proper  supervision,  which  per- 
mission must  be  in  writing  and  must  specify  the  time  when 
and  the  place  where  any  such  celebration,  exhibition,  or  dis- 
play shall   be   held,   given   or   take   place. 

It  shall  be  unlawful  for  any  person  to  sell  or  to  offer 
for  sale,  or  have  in  his  possession  or  custody,  any  rocket, 
squib,  firecracker,  roman  candle,  toy  pistol,  fire  balloon,  or 
other  combustible  or  explosive  fireworks,  or  any  article  for 
the  making  of  pyrotechnical  display,  without  first  obtaining 
irom  the  board  of  commissioners  permission  in  writing  to  sell 
or  offer  for  sale  or  have  in  his  custody  an}'  such  article. 

Sec.  759.  Chimneys  to  be  cleaned.  It  shall  be  the  duty 
of  the  owner  or  occupant  of  every  house,  shop  or  other 
building,  to  cause  the  flues  and  chimneys  thereof  to  be 
cleaned  as  often  as  may  be  deemed  necessary  by  the  building 
inspector.  It  shall  be  unlawful  for  any  person  to  permit  the 
flues  of  anv  house,  shop  or  other  building  occupied  or 
owned  by  him.  or  of  which  he  has  control,  to  become  foul 
and  take  fire,  or  lie  fired. 

Sec.  760.  Unlawful  to  store  combustibles.  It  shall 
be  unlawful  for  anv  person  to  keep,  store,  pile  or  maintain, 
or  to  permit  upon  any  premises  owned  or  occupied  by  him 
or  under  his  control,  anv  inflammable  or  combustible 
material,   such    as   hay,   straw,   shavings,   rags,   wool,   lumber. 


707 

boxes,  barrels  or  other  substances,  in  such  manner  as  to 
endanger  the  safet)   of  any  building  or  structure  within  the 

tiro    limits. 

Sec.  761.  No  haystack  within  sixty  feet.  It  shall  be 
unlawful  for  an)  person  t'1  stack  or  pile  anj  hay  or  straw, 
without  having  the  same  enclosed  and  protected  from  fly- 
ing sparks  of  fire,  within  sixty  feet  of  any  building  in  which 
fire  is  kept,  situated  within  the  limits  of  Salt    I  ak<    City. 

Sec.  762.  Movable  light  near  hay  prohibited.  It  shall 
be    unlawful    for   an  n   to    use   any    lighted    candl< 

movable  light  in  any  place  containing  hay,  straw  or  other 
combustible  matter,  except  such  light  Ik-  kept  safely  enclosed 
in  a  lantern  or  other   suitable  covering. 

Sec.  763.  Prohibiting  the  smoking  of  meat,  or  the  boil- 
ing of  pitch,  tar,  rosin,  turpentine  or  varnish  within  the  fire 
limits,  except  in  fireproof  buildings.  It  shall  be  unlawful 
for  any  person,  within  the  fire  limit--  of  Salt  Lake  City, 
smoke  meat,  boil  pitch,  tar,  rosin,  turpentine  or  varnish 
in  any  room  or  place  unless  such  place  is  fireproof,  and  so 
certified  by  the  inspector  of  buildings  before  being 
for   such    purpos 

Sec.  764.  Burning  of  hay,  straw,  leaves  and  rubbish 
prohibited.  It  shall  be  unlawful  for  any  person  to  burn,  in 
the  open  air.  within  the  fire  limits  of  Salt  Lake  City,  any 
hay.  straw,  leaves,  rubbish  or  other  substance. 

Sec.  765.  Applications  for  licenses  and  permits.  All 
applications  for  licenses  or  permits  required  by  the  pro- 
visions of  this  chapter  -hall  he  made  in  writing  and  addressed 
t.>  the  proper  officer. 

Sec.  766.  Penalty.  Any  person  violating  any  of  the 
provisions  of   this   ordinance   --hall,   upon   conviction   thei 


708 

be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars, 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may.  in  imposing  a  fine,  enter 
as  pari  of  the  judgment,  that  in  default  of  payment  of  the 
fine  the  defendant  may  be  imprisoned  in  the  city  jail  for  a 
period   not   exceeding  thirty   day--. 


709 


CHAPTER  XXIV. 
FEES-    ACCOUNTING 

Sec.  767.  Officers.  Cash  books.  Receipts.  All  elective 
and  appointive  officers  shall  be  strictly  accountable  for  all 
fees  and  moneys  collected  by  or  paid  to  them  or  to  an) 
deputy  or  assistant  in  their  respective  departments. 

It   shall  be  the  duty  of  every  officer   who  is  authorized 

my   fees    for   official    services   of   himself   or   bis 

deputies  or  assistants,  or  of  any   officer  or   his  deputies  or 

ts    who   are   authorized    to    make   any    collections,    to 

keep  a  cash  book  in  which  shall  be  entered  an  exact  and  full 

unt  in  detail  "i"  all  fees,  commissions,  compensations  or 
collections  of  whatever  nature  or  kind,  with  the  date  col- 
lected, the  name  of  the  payer  anil  the  nature  >>i  the 
collection    in    each    ease. 

All  blank  receipts,  permits,  certificates  of  license  or  other 
blank  forms  and  tags  and  metallic  plates  which  are  intended 
t"    facilil  place    a    check    upon    tin-    collection    <>t"    the 

revenue  shall  be  subject  to  the  approval  of  the  city  auditor, 
and    -hall    he   provided    by    hint    as   directed   b)    the    board   of 
commissioners    and    remain    in    his    custody    for    issuanci 
may  be   required. 

The  city  auditor  -hall  deliver  -aid  blank  receipt-,  per- 
mits, certificate-  of  license  or  other  blank  forms  and  I 
ami  metallic  plates  t"  the  proper  officer-,  as  may  be  required, 
and  shall  take  receipt-  therefor.  \ll  officer-  shall  be  account- 
the  city  auditor,  as  hereinafter  provided,  for  the 
blank  receipts  and  other  form-  and  tags  and  metallic 
plati 

eipts  in  triplicate  shall  be  issued  on  form-  provided 
by  the  city  auditor  for  all  fees  and  money-  collected  by  or 
paid  ifficer,  deputy  i  int.     The  original  receipt 

shall    in    all  n    to    the    person,    firm    or 


710 

poration  making  payment  and  the  duplicates  shall,  at  the 
close  of  each  day's  business,  be  filed  with  the  city  auditor, 
and  the  triplicate  shall  be  retained  by  the  officer  issuing  the 
receipt. 

Sec.  768.  Paid  into  treasury.  Sworn  statement.  Failure 
to  comply.  The  head  of  each  department  where  fees  and 
moneys  are  or  shall  be  collected,  shall,  at  the  close  of 
each  day's  business,  cover  into  the  city  treasury  all  fees  and 
moneys  collected  by  his  department.  He  shall  also  prepare 
in  triplicate,  at  the  close  of  business  on  the  last  day  of  each 
and  every  month. 'a  complete  itemized  statement  of  all  fees 
and  moneys  received  during  the  month,  showing  the  receipt 
numbers  and  from  what  sources  such  fees  and  moneys  were 
derived.  One  copy  of  the  statement  shall  be  filed  with  the 
city  treasurer  and  one  copy  with  the  city  auditor,  and  the 
head   of   each    department   shall    retain    a   copy. 

The  said  statement  shall  be  substantially  in  the  follow- 
ing form  and  sworn  to:  "1  hereby  certify  that  the  cash 
book  in  my  office  contains  a  true  statement  in  detail  of  all 
receipts  of  everv  kind  and  nature,  for  official  services 
rendered  by  me.  my  deputies  and  assistants,  for  the   month 

of 19.  .  .   That  said  cash  book  shows 

the  full  amount  received  in  said  month  and  that  neither 
myself  nor  to  my  knowledge  or  belief  any  of  my  deputies 
or  assistants  have  rendered  any  official  services  except  for 
i he  city,  which  is  not  fully  set  forth  in  the  said  cash  book, 
and  that  the  foregoing  statement   is  full   and  correct. 


Subscribed   and   sworn   to  before   me   this, 
day  of 19.  .. 


It  shall  be  the  duty  of  the  city  auditor  to  notify  the 
board  of  commissioners  of  each  and  every  failure  on  the  part 
of  any  officer,  deputy  or  assistant  to  comply  with  any  of 
the  provisions  of  this  chapter. 


r  1 1 

Sec.   769.     Offense.      It    shall   be   unlawful    for   an)    pei 
son,    being    an    officer,    deputj    or    assistant    of    Salt     Lake 
I  uy,  to  neglect  or  refuse  to  comply  with  the  provision 
this  chapter. 

Sec.  770.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  citj  jail  for  a  period  no1  longer 
than  thin \  days.  The  court  may.  in  imposing  a  fine,  enter  as 
1  art  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine  the  defendant  may  he  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 


712 


CHAPTER  XXV. 

FIRE  ARMS— SALE  OF  TO  MINORS  UNLAWFUL. 

Sec.  771.  Unlawful  for  minors  to  have  guns,  etc.  It 
shall  be  unlawful  for  any  minor  to  possess  or  have  in  his 
cr  her  possession  in  any  street,  alley,  lane.  park.  yard,  or 
place,  whether  public  or  private,  within  the  city  limits,  any 
gun,  revolver  or  fire  arm  of  any  kind,  or  air  gun,  rubber 
ilipper,  or  bow  and  arrow  or  "nigger  shooter."  or  other 
instrument  designed  to  throw  missiles. 

Sec.  772.  Unlawful  for  parents  to  permit,  etc.  It  shall  be 
unlawful  for  any  parent  or  guardian  or  person  having  the 
charge  or  control  of  any  minor,  to  allow  or  permit  such  minor 
to  have  or  possess  or  use  in  any  place,  either  private  or 
public,  within  the  city  limits,  any  fire  arm,  air  gun  or  instru- 
ment designed  to  throw  missiles. 

Sec.  773.  Unlawful  to  sell  fire  arms  to  minors.  It  shall 
be  unlawful  for  any  person,  firm  or  corporation  to  give  or  to 
sell  or  to  furnish  to  any  minor  any  fire  arm,  air  gun  or  other 
instrument  designed  to  throw  missiles. 

Sec.  774.  Liability  for  injuries.  Any  person  violating 
any  provision  hereof  shall  be  liable  in  damages  for  am-  injury 
caused  to  any  person  by  reason  of  such   violation. 

Sec.  775.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may.  in  imposing  a  fine,  enter  as 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine  the  defendant  may  be  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 


713 


CHAPTER  XXVI. 
FIRE    DEPARTMENT. 

Sec.  776.     Fire  department.     The  fire  department  of  Salt 
I  ake   City   shall  consist   of  the   following  officers,   nun   - 
ployes  and  agents,  whose  duties  and  compensation   shall  be 
as  hereinafter  specified  : 

One   chief  of   the   fire   department. 

i  Ine  assistant  chief. 

Six  captains. 

Six  lieutenants. 

Five  engineers. 

One  superintendent  of  fire  alarms 

i  ine  inspector. 

i  mechanical   operators. 

i  tne  secretary. 

Fifty-three  firemen  of  three  grades,  to  wit:     First  grade, 

■  ■i>!  grade,  third  grade  and  such  other  additional  em- 
ployees as  the  hoard  of  commissioners  shall  from  time  to  time 
authi  »rize. 

The  if  commissioners   shall   appoint,   who 

vacancy  occurs,  a  competent  person  to  the  position  of  chief 
of  the  fire  department,  who  shall  also  be  inspector  of  st 
lighting 

Sec.  777.  Chief.  Oath.  Bond.  The  chief  of  the  fire 
department  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  the  constitutional  oath  of  office 
and  furnish  a  bond  to  the  city  in  the  sum  of  five  thousand 

dollars,    conditioned    as    provided    by    law. 

Sec.  778.  Men  must  be  able  bodied,  etc.  Even  person 
who  shall  be  appointed  a  member  of  the  fire  department  must 
at  the  time  of  his  appointment   be  an   aide  bodied   man  and 


714 

able  to  converse  understandingly  in  the  English  language, 
also  possess  such  other  qualifications  and  pass  such  exam- 
inations as  may  be  required  by  the  rules  prescribed. 

Sec.  779.  Chief.  Duties,  etc.  The  fire  department  of 
Salt  Lake  City  is  included  in  the  department  of  public  safety 
and  shall  be  under  the  direct  management  of  the  chief  of  the 
fire  department  except  as  otherwise  provided  by  law  or  ordi- 
nance. The  chief  of  the  fire  department  shall  consult  and 
advise  with  the  board  of  commissioners  on  all  matters  per- 
taining to  the  fire  department  and  shall  from  time  to  time 
make  such  reports  as  the  board  of  commissioners  shall  require. 
The  chief  of  the  fire  department  shall  have  sole  and  entire 
command  over  all  officers,  members  and  employes  of  the 
department  and  he  shall  take  any  measures  which  he  shall 
deem  necessary  for  the  prevention  and  extinguishing  of  fires. 
the  protection  of  life  and  property,  the  preservation  of  order 
and  observance  of  the  laws  of  the  state,  ordinances  of  the 
city  and  rules  and  regulations  of  the  fire  department.  It 
shall  be  the  duty  of  the  chief  of  the  fire  department  subject 
to  the  approval  of  the  board  of  commissioners,  to  make 
and  adopt  such  rules  and  regulations  for  the  government  and 
improvement  of  the  department  as  in  his  judgment  shall 
be  necessary  for  the  good  of  the  service.  It  shall  also  be 
the  duty  of  the  chief  of  the  fire  department  to  examine 
into  the  condition  of  all  buildings,  except  such  as  are  used 
for  private  residences  exclusively,  and  ascertain  that  the 
ordinances  governing  fire  escapes  and  the  storage  of  com- 
bustibles are  complied  with  by  the  owners,  agents  or  occu- 
pants of  such  buildings.  He  shall  also  inspect  all  fire 
stations,  hose,  apparatus  and  appurtenances  belonging  to 
the  department.  He  shall  also  be  inspector  of  street 
lights  and  shall  ascertain  the  quality  and  number  of 
street  lamps  used  and  giving  service.  He  shall  ex- 
amine and  approve  all  statements  and  bills  for  street 
lighting,  report  any  lack  of  service  which  may  have  occurred, 
and    he    shall   generally   observe   and   report   whether   or   not 


715 

contractors  are  complying   with  the  terms  of  their  contracts 

for    street    lighting.      He    shall  also    have    supervision    over 

the    inspection    of    boilers    and  smoke    stacks    and    enforce 

any    ordinances   or    regulations  governing    same. 

Sec.  780.  May  demolish  building,  when.  When  a  fire 
is  in  progress  the  chief  of  the  Fire  department,  or,  in  his 
ence,  the  officer  in  command,  in  cases  of  imminent  and 
urgent  public  necessity  may  order  am  telegraph,  telephone, 
electric  li.L;ht.  street  railway  or  other  wire  or  poles  in  close 
proximity  thereto  to  be  cut,  taken  down  or  otherwise  dis 
posed  of  and  under  like  circumstances  may  also  order  any 
building  or  other  combustible  structure  to  be  razed  <>r  demol- 
ished to  prevent  the  spreading  of  an  existing  conflagration, 
but  neither  tlte  chief  of  the  fire  department  nor  an\  other 
officer  or  member  shall  unnecessarily  or  recklessly  destroy 
or  injure  am   building,  house  or  other  property. 

Sec.  781.  May  blockade  streets,  etc.  Whenever  a  fire 
shall  occur  it  shall  be  lawful  for  the  chief  of  the  department 
"r  the  officer  in  command  t"  blockade  any  street,  avenue, 
alley,  sidewalk  or  other  place  if.  in  his  judgment,  it  is  neces 
sin  t"  insure  the  efficient  working  nf  the  men.  hose,  engines 
or  hook  and  laddei  apparatus  under  his  command  and  to  pro- 
tect the  lu's,  ,)  department  from  injury.  He  is  hereby 
authorized  ti>  request  of  the  police  department  a  detail  <>t 
patrolmen  sufficient,  in  Ins  judgment,  therefor,  who  for  the 
time  being  shall  act  under  the  instructions  of  the  chief  of 
the  fire  department  or  officer  in  command.  It  shall  lie 
unlawful  for  au\  person  to  break  through  or  attempt  !■• 
break  through  the  blockade  mentioned  in  this  section  or  at 
any  time  in  run  over  "r  attempt  t"  run  over  the  hose  of 
the  fire  department  with  an  omnibus,  wagon,  street  car. 
railroad  car.  locomotive,  tender  or  an\  cart,  dray,  buj 
carriage,  automobile,  hack,  hacknej   coach  or  any  other  kind 

.■f   \  elude. 


716 

Sec.  782.  Fire  apparatus  to  have  right  of  way,  when. 
Auto  fire  engines,  department  automobiles,  fire  engines, 
chemical  engines,  hose  wagons,  hook  and  ladder  trucks 
or  wagons  and  other  movable  apparatus  of  the  fire  de- 
partment shall  have  the  right  of  way  over  all  other  vehicles 
while  passing  through  all  streets,  avenues  and  alleys  when 
answering  an  alarm  of  fire.  \\  hen  any  auto  fire  engines. 
department  automobiles,  fire  engines,  hose  wagons,  hook 
and  ladder  trucks  or  wagons  ami  other  movable  apparatus 
of  the  fire  department,  while  going  to  a  lire  or  answering 
an  alarm  of  fire  shall  come  up  with  or  close  to  a  car  upon 
any  street  railroad  track,  it  shall  Lie  the  duty  of  the  driver 
of  every  such  car  or  person  in  charge  thereof  to  cause  such 
car  to  come  to  a  full  stop  and  so  remain  until  such  auto 
fire  engines,  department  automobiles,  fire  engines,  hose 
wagons,  hook  and  ladder  trucks  or  wagons  and  other  movable 
apparatus  of  the  fire  department  has  fully  passed  or  has 
come   to   a   full    stop. 

Sec.  783.  Unlawful  to  interfere  with  fire  apparatus, 
ft  shall  be  unlawful  for  any  person  driving  or  having 
charge  of  any  vehicle  or  animal  to  permit  the  same  to  ob- 
struct, impede  or  otherwise  interfere  with  the  progress 
or  working  of  any  such  auto  fire  engines  department  auto- 
mobiles, fire  engines,  hose  wagons,  hook  and  ladder  trucks 
or  wagons  and  other  movable  apparatus  of  the  fire  depart- 
ment while  the  same  is  going  to  or  remaining  at  a  fire. 

It  shall  lie  unlawful  for  any  person  to  cut.  mark  or  other- 
wise  deface   any   property    of   the   fire   department. 

Sec.  784.  Firemen  at  theatres,  etc.  The  chief  of  the 
fire  department  shall  have  the  power  to  assign  to  duty  one  or 
more  firemen  upon  the  stage  of  any  theatre,  public  hall,  lec- 
ture room  or  other  place  where  large  audiences  are  assembled  ; 
such  firemen  on  duty  shall  have  the  power  to  prohibit  smok- 
ing, careless  handling  of  torches,  red  fire,  electric  light  appar- 
atus, gas  jets  or  any  combustible  material,     ft  shall  further  be 


717 

the  'hi t \   of  such  firemen  to  prohibit   the  storagi  nery, 

stage  furniture,  baggage  or  other  properties  in  such  manner 
as  will  interfere  with  the  apparatus  used  for  the  extinguish- 
ment of  fires,  li  shall  be  the  duty  of  the  owner,  agent,  occu- 
pant or  lessee  of  all  theatres  to  admit  members  of  the  fire 
department  through  the  stage  entrance  of  such  theatres  when 
assigned   to  duty   h\    the  chief  of  the   fire  department. 

Sec.  785.  Chief  to  prescribe  rules.  It  shall  be  the  duty 
of  the  chief  of  the  fire  department,  subjeel  to  the  appi 
of  the  hoard  of  commissioners,  to  make  such  rule-  and  n 
lations  as  may  be  necessary  for  the  prevention  'of  fire  in 
theatres  and  other  places  of  amusement,  lie  may  also  require 
the  owners,  agents,  lessees  or  occupants  to  provide  such  ap- 
paratus as  he  may  deem  suitable  and  necessary  and  to  require 
thai  samt  be  placed  al  specified  points  in  such  theatres  and 
oilier  place-  of  amusement.  Such  rules  and  regulations  shall 
printed  and  posted  in  al  least  two  conspicuous  places  on 
the  stage  and  it  shall  be  unlawful  for  any  person  to  remove 
or   deface   the   same. 

Sec.  786.  Unlawful  to  interfere  with  apparatus.  It  shall 
be  unlawful  for  an)  person  to  break,  destroy  or  in  any  man- 
ner interfere  with  an\  electrical  fire  alarm  register  or  any 
wire,  pole  or  apparatus  connected  therewith  or  to  knowing- 
ly send  any  false  alarm  from,  through  or  over  such  bo 
apparatus,  or  through  or  by  a  telephone  or  messenger  ser- 
vice box. 

Sec.  787.  Records  to  be  kept.  The  chief  or,  in  his 
absence,  his  assistant  in  charge  of  any  fire,  shall,  after  i 
extinguished,  make  a  prompt  and  thorough  investigation  of 
the  cause  of  the  fire,  the  amount  of  the  loss  and  insurance, 
time  of  breaking  out,  description  of  the  building  and  all  other 
necessary  particulars,  and  record  the  same  in  a  record  b 
kept  for  that  purpose  in  the  office  of  the  department. 

46 


718 

Sec.  788.  Appointment  of  subordinates.  The  chief 
of  the  fire  department  shall  recommend  to  the  board 
of  commissioners  of  Salt  Lake  City  for  appointment  all 
subordinate  officers,  employes,  men  or  agents  in  his 
department  and,  in  like  manner,  fill  all  vacancies  in 
the  same.  Upon  the  recommendation  of  the  chief  of  the 
fire  department,  the  board  of  commissioners  of  Salt  Lake 
City  may  at  any  time  remove  any  subordinate  officer, 
employe,  man  or  agent,  without  cause  and  without  charges 
being  preferred  and  without  trial,  hearing  or  opportunity 
to  be  heard  whenever,  in  his  opinion,  the  good  of  the 
service  will  be  subserved  thereby  and  such  action  shall  be 
final  and  conclusive  and  shall  not  be  reversed  or  called 
in  question  before  any  court.  The  city  recorder  shall  forth- 
with notify  in  writing  the  removed  person  of  said  removal 
and  it  shall  not  be  necessary  to  state  any  cause  for  such 
removal,  and  from  the  time  of  the  notification,  the  person 
so  removed  shall  not  in  any  case  be  entitled  to  any  salary 
or  compensation  whatsoever.  The  chief  of  the  fire  depart- 
ment may,  by  and  with  the  advice  and  consent  of  or  sub- 
sequent ratification  of  the  board  of  commissioners,  employ, 
on  probation,  to  fill  existing  vacancies,  at  the  salary  re- 
ceived by  third  grade  firemen,  such  men  as  he  may  deem 
competent  for  service  in  the  fire  department;  provided,  that 
in  no  case  shall  such  probationary  employment  exceed  fifteen 
days,  nor  shall  the  number  of  men  regularly  or  otherwise 
appointed  or  employed  exceed  at  any  time  the  total  number 
authorized   by   ordinance. 

Tn  the  event  of  the  dismissal  or  discharge  of  such 
probationers  by  the  chief,  no  notice  of  any  kind  shall  be 
necessary  to  terminate  such   employment. 

Sec.  789.  Removal  of  chief.  The  chief  of  the  fire  de- 
partment may  at  any  time  be  removed  without  cause  and 
without  charges  being  preferred  and  without  trial,  hearing  or 
opportunity  to  be  heard  by  the  board  of  commissioners  of 
Salt  Lake  City  when,  in  their  opinion,  the  good  of  the  service 


719 

will  Ik-  subserved  thereby.  The  action  oi  the  board  of  com 
missioners  of  Salt  Lake  (  it)  in  so  removing  the  chief  of  the 
fire  department  shall  be  final  and  conclusive,  and  shall  not 
be  reviewed  or  called  in  question  befon  an]  court.  1  V 
city  recorder  shall  forthwith  notify  in  writing  the  removed 
chief  of  his  removal  and  it  shall  not  be  necessary  to  state 
an)  cause  for  such  removal  and  from  the  time  of  such 
notification  the  person  so  removed  shall  nol  in  an)  case  be 
entitled  to  any   salary   or  compensation   whatever. 

Sec.  790.  Suspension  of  subordinates.  The  chief  of 
the  fire  department  may  at  any  time  suspend  any  subo 
nate  officer,  employe,  man  or  agenl  employed  therein  when, 
in  his  judgment,  the  good  of  the  service  demands  such  sus- 
pension, foi  a  period  of  time  not  exceeding  fifteen  days.  and. 
during  the  time  of  such  suspension,  the  person  or  persons  so 
suspended  shall  not  be  entitled  to  any  salary  or  compensation 
whatsoever.  Whenever  tlte  chief  of  the  fire  department  shall 
suspend  any  subordinate  officer,  fireman  or  member  of  the 
department,  he  shall  report  the  same  immediately  to  the  city 
recorder,  city  auditor  and  board  of  commissioners. 

Sec   791.     Fire  limits.     The  following  are  hereby   estab 
lished  as  the  fire  limits  of  Salt  Lake  City,  to  wit: 

Districl  No.  1.  Commencing  at  the  northwest  corner 
of  Third  East  and  Fourth  South  streets;  thence  running 
wesl  along  the  north  side  of  Fourth  South  street  to  the 
ea-t    side    of    Second    West    street:    thence    north    along-  the 

side  of  Second  West  street  to  the  South  side  of  North 
Temple  street;  thence  east  along  the  south  side  of  North 
Temple  street  to  the  wesl  side  of  State  street;  thence  south 
along  the  west  side  of  State  street  to  the  south  side  of 
South  Temple  street;  thence  east  along  the  south  side 
South  Temple  street  to  the  Third    East    street  : 

thence  south  along  the  west  side  of  Third  1  the 

place  of  beginning,  the  said  district   No.   1.  including  all  of 
blocks  49  to  60.  both   inclusive,  all   of  bl  78,   both 


72C 

inclusive,   and   all   of  blocks  85   to  88,   both   inclusive,   all   in 
plat  "A." 

District  No.  2.  Commencing  at  the  southwest  corner 
of  Third  East  and  Fourth  South  streets :  thence  running 
west  along  the  south  side  of  Fourth  South  street  to  the  west 
side  of  Second  West  street:  thence  north  along  the  west 
side  of  Second  West  street  to  the  south  side  of  North  Tem- 
ple street;  thence  west  along  the  south  side  of  North 
pie  street  to  a  point  165  feet  west  of  the  west  side  of  Fifth 
West  street;  thence  south  along  a  line  165  feet  west  of 
Fifth  West  street  to  the  north  side  of  Fifth  South  street; 
thence  east  along  the  north  side  of  Fifth  South  street  to 
the  west  side  of  Third  East  street :  thence  north  along  the 
west  side  of  Third  East  street  to  the  place  of  beginning, 
said  district  No.  2,  including  blocks  37  to  48,  both  inclusive, 
blocks  61  to  66,  both  inclusive,  and  blocks  79  to  84,  both 
inclusive,  all  in  plat  "A,"  and  the  east  165  feet  of  blocks 
25,  36,  37,  48,  40  and  60  in  plat  "C  :"  provided,  that  repairs 
or  additions  to  residences  or  dwelling  houses  in  district 
No.  2  may  be  of  the  same  maferial  as  that  in  the  present 
structure  and  the  said  residences  or  dwelling  houses  may 
be  erected  or  maintained  with  shingle  roofs. 

Sec.  792.  Compensation.  Grading,  etc.  The  officers, 
employes,  men  and  agents  of  the  fire  department  shall  re- 
ceive yearlv  salaries  payable  monthly  as  are  the  salaries  of 
other  citv  officers  in  the  amount  as  follows  : 

Chief  of   department $2,400.00 

Assistant  chief 1,440.00 

Captains     .'. 1,140.00 

Lieutenants    1 .080.00 

Engineers  1,080.00 

Superintendent   of   fire   and   police 

alarm    1.200.00 

Inspector 1.080.00 

Mechanical  operators 1.080.00 

Secretary     1 .080.00 


72] 

Firemen  of  the  first   grade                  l,02i 
Firemen  of  the  second  grade                960.00 
Firemen  of  the  third  grade 1.00 

Firemen  without  previous  experience  shall  be  appointed 
only  t"  the  third  grade  and  may  be  promoted  to  the  se< 
grade  upon  recommendation  of  the  chief  of  the  department 
after  service  of  three  month-  in  the  fire  department. 
men  of  the  second  grade  may  be  promoted  to  the  firsl 
grade  upon  recommendation  of  the  chief  of  the  department 
after  service  of  three  months  in  the  second  grade;  provided, 
however,  that  the  chief  ui  the  department  may  recommend 
for  appointment  into  either  the  first  and  second  grade 
applicants  who  have  had  sufficient  previous  experience  in 
fire  department  work  to  entitle  them  to  appointment  in 
those  grades.  No  member  of  the  fire  department  shall  be 
allowed  pay  for  any  period  during  which  he  may  have  been 
absent  from  duty,  unless  such  absence  resulted  from  sickness 
or  disability  contracted  or  received  in  the  discharge  of  his 
duty  and  incident  to  the  service.  No  member  of  the  fire 
department  shall  receive  any  fee  or  an\  isation   what- 

ever, directly  or  indirectly,  from  a  city,  county  or  state 
for  any  service  rendered  or  act  done  by  such  member  of 
the  fire  department  other  than  the  salary  provided  for  bj 
ordinance,  except  witness  fees  in  superior  courts,  nor  shall 
any    member  of   the    fire  department    receive  any    money    or 

pensation     whatever,    directly    or    indirectly,    from    any 
person,    for    any    service    rendered,    to    be    rendered    oi 
done  other  than  the  -alary  provided  bj    ordinance;  provided, 
that   a  gift   or  reward  may   be  accepted   by  a   mem- 
if    the    fire    department    only    upon    the    written    reci 
mendation  of  the  chief  of  the  fire  department  and  approved 
!  of  commissioners. 

Sec.  793.  Penalty.  Any  person  violating  any  of  the  pro- 
visions of  this  ordinance,  shall  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum   not   exceeding   Fift\    I  >■  >1  lar> 


722 


or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter  as 
a  part  of  the  judgment^  that  in  default  of  the  payment  of  the 
fine  the  defendant  may  be  imprisoned  in  the  city  jail  for  a 
period  not  exceeding  thirty  days. 


CHAPTER  XXVII. 

I  [RE   M  \USII  \1 

Sec.  794.  Office  created.  Thai  there  is  hereby 
created  the  office  of  fire  marshal  of  Sail  Lake  City,  which 
office  shall  be  held  and  the  duties  thereof  performed  bj  the 
chief  of  the  fire  department  of  Salt  Lake  City,  who  shall 
be  e\  officio  fire  marshal,  but  who  shall  receive  m>  com- 
pensation therefor  other  than  his  salary  as  chief  of  the  fire 
department. 

Sec.  795.  Deputy  fire  marshals.  The  fire  marshal  shall 
have  the  power  to  appoint  deputies  subject  to  confirmation 
1>\  the  board  of  commissioners  who  shall  receive  no  i 
pensation  or  allowance  of  an)  kind  from  th<  city,  and  who 
may  act  in  the  place  and  stead  of  the  Eire  marshal  subject 
to  suspension  In  the  fire  marshal  and  removal  by  the  board 
of  commissioners 

Sec.  796.  Duty  of  fire  marshal.  It  shall  be  the  duty 
of  the  fire  marshal,  by  himself  or  deputy,  to  attend  to  the 
enforcement  of  the  provisions  of  this  ordinance  and  all 
other  ordinances  pertaining  to  the  protection  Of  the  city 
from  fire. 

Sec.    797.       Right     to     enter     upon     premises.       The     lire 
marshal,  or  his  deputies,  shall  have  the  righl   to  enter  upon 
any    premises    at    all    reasonable    lu>urs    for    the    pur| 
inspecting  the  same. 

Sec.  798.  Deposit  of  ashes.  li  shall  he  unlawful 
for  any   person   or  persons   to  deposit    any   ashi  the 

same    to    he    dep  r    placed,    or    to    permit    or    suffer    the 

same    to   In-   or   remain    in    any    wooden    vessel    or    receptacle. 


724 

or  any  vessel  or  receptacle  composed  or  made  of  combustible 
material :  but  said  ashes  shall  be  placed  and  kept  in  some 
safe  repository  or  receptacle  of  galvanized  iron,  or  other 
incombustible  material,  and  not  less  than  two  inches  from 
any  woodwork  or  structure,  or  deposited  on  the  ground  not 
less  than  ten  feet  from  any  wood  building  or  structure,  or 
from  any  wooden  fences,  lumber,  wood,  hay,  straw,  or 
combustible  material  whatever.  Portable  receptacles  shall 
have  a  clear  air  space  of  not  less  than  two  (2)  inches 
below  the  bottom  thereof.  No  combustible  material  shall 
be  placed  in  receptacle  for  ashes. 

Sec.  799.  Deposit  or  removal  of  combustible  waste. 
Any  person  in  the  city  of  Salt  Lake  making,  using  or  having 
m  charge  or  control  of  shavings,  hay.  straw,  bags,  litter  or 
any  other  combustible  waste  material  or  fragments,  shall  at 
the  close  of  each  day  cause  the  same  to  be  securely  disposed 
of  or  removed,  so  as  to  be  safe  from  fire. 

Sec.  800.  Receptacle  for  waste.  All  receptacles  for 
wa^te.  rags,  paper,  and  other  substances  liable  by  spontane- 
ous combustion  or  otherwise  to  cause  fire,  must  be  made 
of  incombustible  material,  and  if  possible,  must  have  a  clear 
air  space  of  not  less  than  two  (2)   inches  below  the  bottom. 

Sec.  801.  Combustibles  on  roofs,  in  yards  or  lots.  It 
shall  be  unlawful  for  any  person  to  allow  or  permit  to 
remain  upon  any  roof,  or  in  any  yard,  or  on  any  vacant 
lot,  in  the  City  of  Salt  Lake,  any  accumulation  of  paper, 
hay,  moss,  or  any  other  inflammable  or  combustible  rubbish 
or   waste  material  of  any   description. 

Sec.  802.  Storage  of  explosives.  No  explosives  or 
inflammable  compound  or  combustible  material  of  any  kind 
shall  be  kept,  stored,  placed  or  used  near  any  doorway  or 
stairway  of  any  building,  in  such  place  or  manner  as  to 
obstruct  or  render  egress  hazardous  in  case  of  fire. 


Sec.  803.      Dangerous   structures.      Notice  to   make   safe. 
Whenever  in  the  judgmenl  of  the  fire  marshal,  any  building 
structure,  or  any   portion   thereof,  or  anj    appurtenances 
or    fixtures    thereto,    or    an\     chimney,    smokestack, 

i.  furnace  or  thing  connected  with  such  building  or 
deemed  defective  or  unsafe  as  to  fire,  the  said 
fire  marshal,  or  his  deputy,  shall  give  the  owner,  or  person 
having  control  of  said  property,  five  (5)  days'  notio 
required  changes,  alterations,  or  repairs  necessar)  I 
the  same  safe  to  life  and  property  from  fire,  and  any  person 
refusing  or  neglecting  to  comply  with  said  notice  shall  1" 
he  penalties  provided  for  in  this  ordinance. 

Sec.  804.  Unoccupied  buildings.  Whenever  any  un- 
building is  not  properly  secured  or  enclosed,  the 
fire  marshal,  or  his  deputies,  shall  immediately  visil  the 
premises  and  notify  the  owner,  or  person  having  control 
of  the  same,  to  forthwith  secure  or  enclose  the  same,  and  the 
person  so  notified  as  aforesaid  shall,  within  fort)  eight  hour-, 
■ply    therewith. 

Sec.   805.  Fires   outside   buildings.      It    shall  be    unlawful 

for   anj    person    to   start,   or   cause    to   be    started,   any    fire 

any    building,    inside    the    fire    limits,    for    the 

purp  burning   any    refuse   matter,   or  any    brush,   logs, 

stumps. 

Sec.  806.  Penalty.  Am  person  violating  any  of  the 
ns  of  this  ordinance  .-hall,  upon  conviction  thereof. 
he  punished  by  a  fine  in  any  sum  not  exceeding  Fift)  Hollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may.  in  imposing  a  fine,  enti 
part  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine  the  defendant  may  lie  imprisoned  in  the  city  tail  I 
ling  thirty  ,' 


726 


CHAPTER  XXVIII. 

FRANCHISES  AND  SPECIAL   PRIVILEGES. 

Sec.  807.  Application.  Copies.  Fees.  Whenever  appli- 
cation shall  be  made  to  the  board  of  commissioners  of  Salt 
Lake  City  for  a  franchise  or  grant  of  special  privileges,  or 
for  an  extension  or  renewal  of  any  existing  franchise  or 
grant  of  special  privilege,  the  applicant  shall  furnish  to 
the  city  recorder,  for  the  use  of  the  board  of  commissioners, 
ten  copies  of  the  proposed  resolution  or  ordinance,  and 
pay  into  the  city  treasury  a  fee  of  two  hundred  dollars. 

Sec.  808.  Non-assignable.  All  franchises  and  grant-  of 
special  privileges  shall  be  deemed  to  be  non-assignable  with- 
out the  express  permission  of  the  board  of  commissioners, 
whether  such  limitation  is  set  forth  in  the  body  of  the  fran- 
chise or  grant  or  not. 

Sec.  809.  .Manner  of  assignment.  All  assignments  of 
franchises  and  special  grants  must  be  in  writing,  and  a  copy 
thereof  filed  in  the  office  of  the  city  recorder  before  anv 
assignment  or  transfer  will  be  recognized  by  Salt  Lake 
City. 

Sec.  810.  Forfeiture.  Any  attempted  assignment  or 
transfer  of  a  franchise  or  special  privilege  not  made  in 
accordance  with  the  provisions  of  this  chapter  shall  operate 
as  a  forfeiture  of  all  the  rights  of  the  grantee  therein  given. 


727 


CHAPTER  XXIX. 

GAMBLING  AND  GAMING. 

Sec  811.  Gambling.  All  gambling  and  gaming  of  every 
kind  and  description,  by  playing  at  cards,  dice,  far...  roulette, 
keno,  poker,  slot  machines,  devices  known  as  trade-  machines, 
or  any  like  machines  <>r  devices  by  whatever  name  known, 
■  >r  any  contrivance  or  device  by  or  with  which  money, 
merchandise  or  any  thing  of  value  may  he  staked,  bet,  haz- 
arded, won  >>r  lost,  upon  chance,  or  at  any  other  garni 
scheme  of  chance  whatever,  and  by  betting  on  the  resul 
horse   rare-,   or   on    the   result   of  any   contest  of  skill   or   en 

durance  of  men  or  animals  by  means  of  1 k-making,  pool 

turf  exchanges  or  other  devices,  for  mone)  or  other  property 
or  thing  of  value  within  Salt  Lake  City,  is  hereby  declared 
to  be  unlawful. 

Sec.  812.  Unlawful  to  play  at,  keep  or  operate,  etc. 
It  shall  be  unlawful  for  any  person  to  play,  stake,  wager,  or 
bet  any  money,  property  or  thing  of  value  at  any  game. 
scheme  or  device  by  this  ordinance  prohibited,  or  to  own,  con- 
duct, keep  or  carry  on  any  such  game,  scheme  or  device, 
either  as  owner,  dealer,  operator,  agent  or  empli 

Sec.  813.  Unlawful  to  wager,  etc.  It  shall  be  unlawful 
tor  any  person  to  bet  or  wager  money  or  any  tiling  of  value 
on  the  result  of  any  horse  race  or  races,  or  on  the  result  of  any 

test   of  skill  or  endurance  of  men  or  animals  by  means  ol 
book-making,  pi  ither  devices,  in  any  place  commonly 

known    a-    a    turf    exchange,    or    where    pool    selling    or    1" 
making    for   the   purpose   of   enabling    bet-    and    wagers    for 
money   or   things  of   value  on    such    races   or  be 

made,  had  or  received,  is  conducted  and  carried  on. 


728 

Sec.  814.   Unlawful  to  keep  or  maintain  gambling  house. 

It  shall  be  unlawful  for  any  person  to  conduct,  keep  or  main- 
tain a  house,  building,  room  or  other  place  where  any  of  the 
games  or  schemes  herein  prohibited  are  carried  on,  conducted 
or  operated.  It  shall  be  unlawful  for  any  person  to  knowingly 
permit  or  suffer  any  of  the  games  or  schemes  herein  declared 
unlawful  to  be  carried  on.  or  kept,  maintained  or  operated  in 
any  house,  building,  room  or  other  place  owned  by  him  in 
whole  or  in  part,  or  by  him  let  or  leased  to  any  other  person. 

Sec.  815.  Unlawful  to  keep,  etc.,  pool  rooms,  etc.  It 
shall  be  unlawful  for  any  person  to  conduct,  keep,  carry  on, 
or  maintain,  by  himself  or  his  agents  or  employes,  any  turf 
exchange,  pool  room,  or  other  place,  by  whatever  name  known, 
where  bets  or  wagers  on  the  result  of  any  horse  race,  wherever 
run,  or  of  any  contest  of  skill  or  endurance  of  men  or  animals, 
wherever  made  or  had,  are.  or  may  be  made,  received  or  paid. 

Sec.  816.  Unlawful  to  keep,  etc.,  slot  machines,  etc. 
It  shall  be  unlawful  for  any  person  to  keep  or  maintain  any 
slot  machine,  or  trade  machine,  or  any  like  machine  or  device, 
for  the  purpose  of  suffering  or  permitting  other  persons  to 
play  at  or  with  the  same  for  money  or  anything  of  value. 

Sec.  817.  Unlawful  to  keep,  rent,  etc.,  gambling  ma- 
chines. It  shall  be  unlawful  for  any  person,  either  as 
owner,  lessee,  agent,  employe,  mortgagee,  or  otherwise, 
to  operate,  keep,  maintain,  rent,  use  or  conduct,  within  the 
City  of  Salt  Lake,  any  clock,  tape,  slot,  trades,  or  card 
machine,  or  any  other  machine,  contrivance  or  device  upon 
which  money  is  staked  or  hazarded  upon  chance,  or  into 
which  money  is  paid,  deposited  or  played,  upon  chance,  or. 
upon  the  result  of  the  action  of  which,  money  or  any 
commodity  or  merchandise,  or  any  other  article  or  thing 
of   value   is   staked,  bet.  hazarded,  won   or   lost   upon   chance. 

Sec.  818.  Unlawful  to  maintain,  etc.,  gambling  de- 
vices.      It     shall     be     unlawful     for     any    person,     either    as 


I'wiu-r,  lessee,  agent,  employe,  mortgagee  or  otherwise, 
to  operate,  keep,  maintain,  rent,  use  or  conduct  within  the 
City  of  Salt  Lake,  any  machine,  contrivance,  appliance  or 
mechanical  device,  upon  the  result  of  the  action  of  which 
money  or  -any  commodity,  merchandise  or  other  valuable 
thing  is  staked  or  hazarded,  and  which  is  operated  or  played 
by  placing  or  depositing  therein  any  emu-.,  substitutes  For 
coins,  checks,  slugs,  balls,  or  other  article  or  device,  or  in  any 
other  manner,  and  by  means  of  the  action  win  as  a  re- 

sult of  the  operation  of  which,  any  merchandise,  money,  rep- 
resentative op  article  of  value,  check,  or  token  redeemable  in, 
or  exchangeable  for  money,  or  any  other  thing  of  value  is 
won  or  lost,  or  taken  from  or  obtained  from  such  machine, 
when  the  result  of  the  action  or  operation  of  such  machine, 
i  nance,  appliance,  or  mechanical  device,  i--  dependent 
Dpi  'ii   hazard   or  chance. 

Sec.  819.  That  testimony  incriminates  no  excuse.  No 
person  shall  he  excused  from  attending  and  testifying,  or  from 
producing    l>ook-.    papers    and    documents    I"  ourt 

having  jurisdiction  of  the  offenses  herein  defined,  upon  the 
ground,  or   for   the   reason   that    the   testimony  lence, 

documentary  or  otherwise,  required  of  him  may  tend  to  in- 
criminate him  or  subject  him  to  a  penally  or  forfeiture, 
no  person  •-hall  I  cuted  or  subjected  to  any  penalty 

forfeiture  on  account  of  any  prosecution,  matter  or  thin^  con- 
cerning which  he  may  produce  evideni  ntary  or 
otherwise,  before  any  court  as  aforesaid. 

Sec.  820.      Penalty.      Any    person    violating    any    of    the 

•    shall,   upon    conviction   thereof. 
unished  l>v  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment   in  the  city   jail   for  a  period  not 
than  thirty  days.     The  court  may.  in  imposing  a  fine,  cut' 

>t  of  the  judgment,  that  in  default  of  the  payment  of  the 
fine  ;h>-  defendant   may  he  imprisoned   in   the  city  jail   for  a 
ling  thirty  flays. 


730 


CHAPTER  XXX. 

HUMANE  OFFICER. 

Sec.  821.  Office  created.  There  is  hereby  created  the 
office  of  humane  officer. 

Sec.  822.  Salary.  The  humane  officer  shall  be  appointed 
by  the  board  of  commissioners  and  shall  receive  a  salary  of 
twelve  hundred  dollars  per  annum  payable  monthly  as  are 
the  salaries  of  other  city  officers. 

Sec.  823.  Oath.  Bond.  Before  entering  upon  the 
duties  of  his  office,  the  humane  officer  shall  take  and  subscribe 
the  constitutional  oath  of  office  and  give  bond  in  the  sum  of 
two  thousand   dollars   conditioned   as   provided  by  law. 

Sec.  824.  Powers  and  duties.  The  humane  officer  shall 
have  police  powers,  and  may  make  arrests  for  the  violation 
of  any  city  ordinance.  He  shall  be  a  special  police  officer 
and  in  the  police  department  of  Salt  Lake  City,  Utah,  under 
the  chief  of  police.  It  shall  be  his  duty  to  arrest  any  and 
all  violators  of  any  ordinance  against  cruelty  to  animals, 
to  kill  all  permanently  disabled  animals,  and  to  supervise 
the  killing  of  all  unregistered  and  impounded  dogs,  and  all 
fierce,  dangerous  and  vicious  dogs,  as  provided  by  law 
and  ordinance.  The  humane  officer  shall  not  be  regarded 
as  one  of  the  quota  of  regular  police  officers,  but  as  a  special 
officer  appointed  for  humane  work. 


731 


CHAPTER  XXXI. 

[NT(  IXICATING  LIQU<  >RS. 

Sec.  825.     Business   district.      Thai    the    following    terri- 
tory  in   Salt    Lake  City,   Utah,  be,  and   the   same  is   hereb) 
iblished  as  a  business  district  within  which  license  to  sell 
ideating  liquor  may  be  effective,  to  wit: 
Beginning  at   Third   Wesl   and  the  south  side  of  X.irtli 
street;  thence  cast  to  cast  side  of  State  street;  th< 
south  to  First  avenue;  thence  south  to  twenty  rods  south  of 
Fifth  South  street:  thence  west  to  Firsl   Wesl   street;  thence 
north  to  Fourth  South  street;  thence  west  to  tweny  rods  wesl 
of  Sixth  Wesi  street;  thence  north  to  the  north  side  of  First 
South  street;  thence  easl  to  Third  West  street:  thence  north 
the  place  of  beginning. 

Sec.  826.     License  amounts.    That  the  following  amounts 
shall  be  and  are  hereby  established  as  the  annual  licensi 
be    paid    for    the    sale    or    other    disposition    of    intoxicating 
liquors  in  Salt  Lake  City,  excluding  cosl  and  expense  incident 
to  applicatii  in  for  license  : 

Retail    dealer    $1,500.00 

Wholesale  dealer   400.00 

Distiller  1,000.00 

Druggist    or    pharmacist 400.00 

Clubs    400.00 

Brewers,    operating     a     brewery    with    an    annual 

capacity    nol  ■ "  0   barrels -t 

Brewers,    operating     a    brewery    with    an     annual 
icity    over   5,000    barrels   and    nol  ding 

750.00 

With  an  annual  capacity  over  25,000  barrels,  and 

eeding   50,000  barrels    1.000  • 

With  an  annual  capacity  of  1,000  barrels,  and 

i.r:    o 

With  an  annual  capacity  over  75.000  barrels   ...  2,000.00 


732 


CHAPTER  XXXII. 

LAW  DEPARTMENT. 

Sec.  829.  There  is  hereby  established  a  law  department 
as  one  of  the  branches  of  the  administration  of  the  municipal 
affairs  of  Salt    Lake   City. 

Sec.  830.  Creation  of  offices.  There  is  hereby  created 
the  offices  of  corporation  counsel,  city  attorney,  assistant  city 
attorney  and  second  assistant  city  attorney.  Each  of  said 
offices  shall  be  filled  by  appointment  by  the  board  of  com- 
missioners. 

Sec.  831.  Duties.  The  law  department  of  Salt  Lake 
*  ity  shall  comprise  the  offices  of  corporation  counsel,  city 
attorney,  assistant  city  attorney  and  second  assistant  attor- 
ney. The  law  department  shall  have  charge  of  all  legal 
matters  pertaining  to  the  city's  rights,  obligations,  property, 
property  rights,  administration,  officers  and  agents  ;  it  shall 
also  have  charge,  in  the  city's  behalf,  of  all  litigation  to  which 
the  city  is  a  party.  Should  any  of  said  officers  have  personal 
knowledge  of  any  violation  of  a  city  ordinance,  or  receive 
reliable  information  of  any  such  violation,  he  -diall  im- 
mediately institute  the  necessary  steps  to  bring  the  offender 
to    punishment. 

Sec.  832.  Corporation  counsel.  Duties.  The  corpora- 
tion counsel,  or  in  his  absence,  the  city  attorney,  shall  attend 
the  meetings  of  the  board  of  commissioners;  but  such  attend- 
ance upon  any  given  meeting  may  be  waived  by  the  board  at 
its  election,  lie  shall  advise  and  counsel  the  board  of  com- 
missioners and  the  members  thereof,  and  all  other  officers  of 
the  city,  upon  such  questions  of  law  pertaining  to  the  business, 
property  and  all  affairs  of  the  city  as  may  from  time  to  time 


733 

arise.  He,  or  the  city  attorney,  subjecl  to  his  direction,  shall 
secute  and  defend  in  all  courts  all  actions  on  b  >1  the 

city,  and  defend  in  all  actions  against  anj  officer  or  agenl 
of  the  city  on  account  of  official  acts;  he  shall  take  appeals 
or  sue  out  writs  of  error  on  behalf  of  the  citj  or  any 
officer  as  aforesaid,  with  the  consent  and  approval  of  the 
hoard  of  commissioners;  and  cither  he  or  the  citj  attorney 
may  make  the  necessary  affidavits  and  verifications  on 
behalf  of  the  city  in  any  and  all  proceedings.  He  shall 
draft  all  ordinances,  and  shall  prepare  all  legal  documents 
required  in  the  transaction  of  the  city's  business.  The 
poration  counsel   shall  be  the  head  of  the  legal  nent, 

and  have  charge  and  direction   then 

In   the  absence  of,  or  during  the  disability   of   th<    coi 
poration    counsel,    the    city    attorne)     shall    exercise    all    func- 
tions and  powers  of  the  corporation   counsel. 

Sec.  833.   City    Attorney.      Assistants'    duties.      The    city 

irney  and  assistant  city  attorneys  shall  aid  thi  ition 

■;sel  in  all  matters  pertaining  to  the  city's  legal  business,  as 

required,  and  shall  conduct  such  litigation  and  attend  to  such 

legal  matters  in   behalf  of  the  city  and  its  officer-  a-   the 

poration  counsel  or  the  hoard  of  commissioners  may  require. 

Sec.    834.      Records.      Dockets.       The    legal    department 
shall   keep  a   record  showing  all   claims  placed   with   it   or  its 

For  collection,  all  moneys  received  by  it  on  accoun 
the  city,  and  all  payments  made  by  it  to  the  city  r.     It 

shall  also  krep  a  docket  in  which  it  shall  keep  a  r< 
pending  ami  the  proceedings  had  then 

Sec.  835.  Reports.     Settlements.     The  corporation   coun- 

shall  on  or  before  the  5th  day  of  each  and  every  month. 

•    tier     if      required,      settle      with      the      city     auditor 

and  pay  to  the  city  treasurer  all  moneys  in  the  hands 
the    legal    department    belonging    to    the    city.      He    shall 

report  quarterly,  or  oftener  if  required,  to  the  board 

47 


734 

missioners,  the  condition  of  the  business  in  the  legal  depart- 
ment. 

Sec.  836.  Compensation.  The  compensation  of  the  cor- 
poration counsel  shall  be  forty-five  hundred  dollars  per  an- 
num; the  compensation  of  the  city  attorney  shall  be  three 
thousand  dollars  per  annum  ;  the  compensation  of  the  assistant 
city  attorney  shall  be  twenty-four  hundred  dollars  per  an- 
num ;  the  compensation  of  the  second  assistant  city  attorney 
shall  be  fifteen  hundred  dollars  per  annum  ;  said  salaries  shall 
be  payable  monthly,  as  are  the  salaries  of  other  city  officers. 

Sec.  837.  Oaths.  Bonds.  Before  assuming  the  duties 
of  their  respective  offices,  each  of  said  officers  shall  take  and 
subscribe  the  constitutional  oath  of  office,  and  shall  furnish 
bonds  to  the  city — the  corporation  counsel,  in  the  sum  of  four 
thousand  dollars,  the  city  attorney  in  the  sum  of  four  thousand 
dollars,  and  each  of  the  assistant  city  attorneys  in  the  sum  of 
two  thousand  dollars. 

Sec.  838.  Stenographer.  Appointment.  Salary.  The 
board  of  commissioners  shall  employ  a  suitable  person  as 
stenographer  at  a  salary  of  nine  hundred  dollars  per  annum, 
payable  monthly,  as  are  the  salaries  of  other  citv  employes. 


735 


CHAPTER  XXXIII. 

LICENSl  S 

Sec.  839.  Unlawful  to  transact  business  without  a 
license.  Ii  shall  be  unlawful  for  any  person  to  engage  in 
or  carry  on  any  business,  trade,  profession  or  calling,  for 
the  transaction  or  carrying  on  of  which  a  license  is  required. 
without  first  taking  out  or  procuring  the  license  required 
for  such   business,   trade,  profession   or  calling. 

Sec.  840.  City  auditor  ex  officio  assessor  of  license 
taxes.  Appointments.  Duties.  The  city  auditor  shall  1" 
ex  officio  assessor  of  license  taxes.  He  may  recommend 
f>  <r  appointment,  subject  to  confirmation  by  the  board  oi 
commissioners,  such  number  of  license  inspectors  and  clerks 

may    be     necessary    to     make    assessments     and     I 
accounts.     /  that   the   board   of   commissioners   shall 

designate  the  number  of  license  inspi  ind  clerks  to  b< 

appointed  and  their  compensation  and  tenure  of  office.  It 
shall  be  the  duty  of  the  assessor  to  assess  each  licensee  in 
accordance  with  the  provisions  of  the  ordinances  and 
statutes.  Tin-  assessments  shall  be  based  upon  the  rates 
established  by  the  ordinances,  and  all  licenses,  except 
liquor  licenses,  shall  be  payable  annually  in  advance,  and 
shall  date  from  the  first  day  of  January  of  each  year  and 
shall  expire  .>n  the  31st  day  of  December  of  each  year, 
r,  that  when  an  application  is  made  after 
the  1-t  day  of  January  of  each  year  the  licensee  -hall  be 
required  i>>  make  payment  only  For  the  unexpired  portion  of 
the  year,  and,  if  the  application  i-  approved,  the  licei 
shall  ted  for  such  unexpired  portion  of  the  year.     1  lie 

ill    keep    thin-    separate    assessment    rolls,    viz., 
liquor  license  roll,  merchants'  license  roll  and  miscellam 
license  roll,  and  -hall   also  keep  a   suitable  index   containing 


736 

the  names  of  all  licensees.  The  names  of  the  liquor  licensees 
shall  be  arranged  alphabetically  in  the  liquor  roll ;  the 
names  of  the  merchant  licensees  shall  be  arranged  alpha- 
betically in  the  merchants'  license  roll,  and  the  names  of 
each  class  of  miscellaneous  licensees  shall  be  arranged 
alphabetically  in   the   miscellaneous   license  roll. 

(  )n  or  before  the  first  day  of  January  of  each  year  the 
assessor  must  complete  his  assessment  rolls.  He  must  take 
and  subscribe  an  affidavit  to  the  assessment  rolls  to  be  sub- 
stantially   as   follows : 

"I ,  assessor  of  license  taxes 

of  Salt  Lake  City,  do  swear  that  before  the  first  day  of 
January,  19....,  I  made  diligent  inquiry  and  examination 
to  ascertain  the  names  of  all  persons,  firms  and  corporations 
within  the  city  subject  to  assessment  for  license;  that  the 
persons,  firms  and  corporations  have  been  assessed  on 
the  assessment  rolls  in  accordance  with  the  rates  established 
by  the  ordinances,  to  the  best  of  my  judgment,  information 
and  belief;  that  f  have  faithfully  complied  with  all  the 
duties  imposed  upon  me  under  this  ordinance,  and  that 
I  have  not  imposed  any  unjust  assessments  through  malice. 
error  or  otherwise,  or  allowed  anyone  to  escape  a  just  and 
equal  assessment  through  favor,   reward  or  otherwise."' 

Failure  to  take  or  subscribe  such  affidavit,  or  any 
affidavit  will  not  in  any  manner  affect  the  validity  of  the 
assessment. 

Sec.  841.  Applications.  Bill  for  license.  Payment  of 
license.  Who  authorized  to  receive  payment.  Enforcement 
of  collection.  All  applications  for  license,  except  liquor 
license,  shall  be  made  in  writing  to  the  assessor  of  license 
taxes.  All  certificates  of  license,  except  certificates  of 
liquor  license,  shall  be  signed  by  the  mayor  and  attested 
by  the  city  recorder  under  the  seal  of  the  city. 

The    application    shall    show: 

1.  The  name  of  the  person,  firm  or  corporation  desiring 
a  license. 


737 

2.  The    kind    o  ed,    stating    the    busii 
calling,   trade   or   profession    to   be    performed,   practiced    or 
carried  on. 

3.  The  class  of  license  desired,  if  such  license-,  are 
divided  into  class 

4-     The    place    where    such    business,    calling, 
profession    is    to   be   carried   on,    giving   the    street    number, 
if  such  business,  calling,  trade  or  profession  is  to  be  carried 
on  in  any  building  or  enclosure. 

5.  The  period  of  time  for  which  such  license  is  desired 
to  be  issued. 

6.  The  application  shall  also  state  any  other  matter  or 
thing  required   by  ordinance  or  statute. 

The  applications,  with  accompanying  statements  and 
bonds,   shall   be   numbered   by   the   assessor  i  nse   taxes 

in  the  order  in  which  they  appear  in  the  respective  license 
rolls,  aiul,  after  numbering,  the  bonds  shall  be  filed  in  the 
office  of  the  city  recorder,  and  the  applications  shall  be 
filed  in  the  office  of  the  assessor  in  the  order  in  which 
they  are  recorded  in  the  assessment  rolls.  Each  application 
shall  hear  the  assessment  roll  number  and  a  separate 
shall  be  used  for  the  applications  recorded  in  each  roll. 
After  the  licensee  has  made  application  for  a  license,  as 
provided  by  the  ordinances,  the  assessor  shall  furnish  to  the 
licensee  either  personally,  by  mail,  or  leave  at  his  usual 
business,  a  hill  showing  the  amount  assessed.  No 
officer ;  deputy,  assistant  or  employe,  except  the  city  treasurer. 

ithorized  to  receive  payment  for  any  license,  and  the 
city  treasurer  is  authorized  to  receive  such  payment  only 
when   accompanied  by   the  hill    from   the  assessor,   as   herein 

ided.  If  any  person,  firm  or  corporation  neglects,  fails 
or  ri  pa\   the  amount  assessed  when  it  becomes  due, 

the   .  -hall   proceed    to   enforce   collection    a-   provided 

rdinance. 

Sec.  842.  Contents  of  certificate.  Certificates  to  be 
posted-      Certificates    to    be    shown     police    officers    and    in- 


738 

spectors.     Assignment.     Every    certificate    of    license    issued 
shall  bear  upon  its  face: 

1.  The    name    of    the    person,    firm    or    corporation    to 
whom    such    certificate    has    been    issued. 

2.  The  amount  paid  to  the  city   treasurer. 

3.  The  kind  of  license  and  the  class  of  such  license,  if 
such  licenses  are  divided  into  classes. 

4.  The  term  of  the  license  with  commencing  date,  and 
the  date  of  its  expiration. 

5.  The  place  where  such  business,  calling,  trade  or  pro- 
fession    is    to   be    carried   on- 

Every  certificate  of  license  issued  shall  be  posted  by 
the  licensee  in  a  conspicuous  place  upon  the  wall  of  the 
building,  room  or  office  of  the  store  or  place  in  which  such 
licensed  business,  calling,  trade  or  profession  is  carried  on, 
so  that  the  same  may  be  easily  seen,  and  when  such  certifi- 
cate of  license  shall  have  expired  it  shall  be  removed  by  the 
licensee  from  such  place  in  which  it  has  been  posted,  and  nc 
certificate  of  license  which  is  not  in  force  and  effect  shall  be 
permitted  to  remain  posted  upon  the  wall  or  any  part  of  any 
room,  store,  office  or  place  of  business  after  the  period  of 
such  certificate  of  license  has  expired.  It  shall  be  the  duty 
"t  each  and  every  person,  firm  or  corporation  to  whom 
a  certificate  of  license  has  been  issued  to  show  the  same 
at  any  proper  time  when  requested  so  to  do  by  any  police 
officer  or  license  inspector.  No  license  granted  or  issued 
under  any  of  the  provisions  of  this  chapter,  or  otherwise, 
shall  be  in  any  manner  assignable  or  transferable,  or 
authorize  any  person,  firm  or  corporation  other  than  is  there- 
in mentioned  or  named,  to  do  business,  or  authorize  any 
other  business,  calling,  trade  or  profession  than  is  therein 
mentioned  or  named,  to  be  done  or  transacted,  or  the  busi- 
ness, calling,  trade  or  profession  therein  mentioned  or 
named  to  be  done  or  transacted,  at  any  place  other  than 
is  therein  mentioned  or  named,  unless  by  permission  of  the 
board  of  commissioners. 


739 

Sec.  843.  Half-yearly  certificates  ot  license.  \  license 
[or  any  business,  calling,  trade  or  profession  for  which  a 
yearly  license  is  required  may  be  issued  for  a  term  of  >i\ 
months  upon  the  payment  of  ten  (10)  per  cent  additional 
upon  one  half  of  the  amounl  of  the  yearly  license.  Provided, 
thai   when  an  application  is  madi    al  ei    the   Isl   day 

fuly  of  each  year,  and  the  application  is  approved  by 
the  assessor,  the  licensee  shall  be  required  to  make  pay- 
ment only  for  the  unexpired  portion  of  such  half-yearl) 
period  and  the  certificate  of  license  shall  be  for  such  period. 

Sec.  844.      Auctioneers.     License.      Bond.      Sec.    15. 

Sec.  845.   Banker  and  Broker.     (See  Merchant.) 

Sec.  846.  Automobile  garages.  It  shall  be  unlaw  ml 
for  any  person  to  engage  in  the  business  of  keeping,  con- 
ducting, managing  or  operating  an  automobile  garage  within 

Lake   City,    Utah,    without    first   obtaining   a   licensi 
to  do. 

Ml  persons  required  to  pa)  a  license  under  the  pro- 
visions of  this  ordinance,  shall  pay  to  Salt  Lake  City  an- 
nually, in  advance,  the  sum  of  fifty  ($50.00)  dollars. 

For     the     purpose     of     this     ordinance,     an     automobile 
garage   shall   be   deemed   to  be   any    place   or   establishment 
where    automobiles    or    self-propelled    vehicles    are    cleaned, 
charged,    housed    or   kepi    in    order,    and    win 
made  tor  such  service. 

Sec.  847.  Billiard,  pool  tables,  etc.  It  shall  be  unlawful 
for    any    person    to   engage    in    the    business    of  .    or 

maintain  for  public  use  or  hire,  any  billiard  tabli 

iny  pin  or  Kali   alley,  or   nine-pin   alley  or  ten-pin 
in    or   on    which  .ire    played,    without    first    obtaining 

a   licensi  that    no   license    shall 

tintain  ^r  operate  for  public  use  or 


740 

games  hereinbefore  mentioned,  without  the  boundaries  of  the 
district    following  : 

The  south  side  ai  North  Temple  street,  the  south  side  of 
Fifth  South  street,  the  east  side  of  Second  East  street,  and 
the   west   side  of  Sixth    West   street. 

Sec.  848.  Application.  Amount.  All  applications  for 
license  contemplated  by  the  preceding  section  shall  state 
the  number  and  kind  of  tables,  pin  or  ball  alleys,  or  nine 
or  ten-pin  alleys  to  be  licensed,  and  the  place  of  keeping 
the  same.  Upon  the  filing  of  such  application,  and  upon 
payment  into  the  city  treasury  of  twelve  ($12.00)  dollars 
per  annum  in  advance  for  each  billiard  or  pool  table  and 
twent)  ($20.00)  dollars  for  each  pin  or  ball  alley  or  nine  or 
ten-pin  alley  specified  in  -aid  application,  yearly  licenses  may 
be  issued  thereon. 

Sec.  849.      Boarding    house    keeper.      Regulations.      Any 

person  who  shall  rent  rooms  furnished  or  unfurnished  and 
board  the  occupants  of  such  rooms,  or  shall  furnish  board 
without  room,  shall  be  deemed  a  boarding  house-keeper, 
and  said  place  a  boarding  house.  Every  boarding  house 
keeper  shall,  with  In-  application  for  a  license,  make  a 
statement  under  oath,  showing  the  location  of  the  house,  the 
number  of  rooms  contained  in  such  house,  and  the  number 
of  persons  which  such  house  will  accommodate  with 
is  and  board,  and  with  board  without  rooms.  The 
application  for  such  license  and  -aid  statement  -hall  be  filed 
with  the  city  recorder  of  Salt  Lake  City,  and  be  presented 
i"  the  board  of  commissioners  of  said  city  at  the  next 
regular  meeting.  Such  application  shall  by  said  board  be 
referred  to  the  chief  xi  police  of  said  city,  who  shall  within 
five  days  after  such  reference  report  to  -aid  board  the 
general  reputation  ^i  the  keeper  i>i  said  boarding  house,  and 
of  the  people  who  reside  therein,  or  board  thereat,  and 
whether  or  not  said  keeper  or  any  one  residing  or  boarding 
there   has   a    United    State    government    license   or    permit    to 


any    kind    of    liquor    at    sai<:  and 

ther  any  spirituous,   vinous,  fermented  or  malt  liquor  is 

•.ny  place   connected 
therewith,    by    the    keeper    then  any    per- 

therein.  and   whether  or  r  has  been 

ducted  in  a  quiet,  lawful  and  peacable  manner,  and  as  to  any 

id    l>oard    should 
:.  with  the  recommendation  of  -aid  chief  :e  as 

ich  application  for  a  license     Where- 
said  1.  "inniis-  hall  act  on   said  applica- 
tion  in  regard  to  granting  or  denying  the  same,  as  it   shall 
deem  just  and   proper.     It  is  also  hereby  made   the 
the   police  department,  after  a   license  has  been   granted   to 

investigate,  examine  and  inspect 
any  place  licensed  as  a  boarding  house  in  regard  to  the 
matters  herein!"  :ed.  and  if  it  shall  appear  from  such 

amination    and    inspection    that    the    general 
reputation  of  the  keeper  of  such  hoarding  lb  any  i  'iie 

'inp    therein    or    boarding    thereat,    is    bad.    or    that    said 
-  any  person  res  arding  in  such  boar 

is  a   I'nited  States  government  licer. 
sell  if  any   kind   of  liquor   at   said    place,   or   that 

any  I     'is.    fermented    or    malt    liquor    has 

•.nting  of  said  application  sold  or  kept  for  sale  in 
r  any  place  connected  therewith,  by  the   k< 
then  iny   person    residing   therein,   or    that    said    h 

icted    in    a    quiet,    lawful    or    peaceable    manner, 
then  said  department  shall  at  once  report  the  facts  in  rt . 

lie  boar.':  missionei  .It    Lake 

.    which    Koard    shall    take   such    action    in    r<  .  the 

ill    deem 
ghl 

The     yearly  -hall     1" 

- 
fift<  nd  not  ■ 


742 

For   houses  containing   rooms   sufficient    to   accommo- 
date over  five  and  less  than  fifteen  persons $10.00 

For  houses   containing   rooms    sufficient   to    accommo- 
date five  persons  and  less 5.00 

For    each    person     said    boarding    house    is    capable    of 

accommodating  with  board  without   room,  25c. 

All   houses   containing  rooms  sufficient   to  accommodate 

over   twenty   persons,   shall   be   deemed   a   hotel. 


Sec.  850.  Circuses.  Menagerie.  It  shall  be  unlawful 
for  any  person,  either  as  owner,  manager,  agent,  employe 
or  performer,  to  open,  carry  on,  exhibit  or  take  part  in 
any  circus  or  menagerie,  circus  and  menagerie  combined,  or 
wild  west  show,  or  any  sideshow  connected  therewith,  unless 
a  license  for  such  circus  or  menagerie,  circus  and  menagerie 
combined,  wild  west  show  or  sideshow,  has  been  first 
procured,  and  payment  therefor  made  into  the  city  treasury 
as  follows : 


Circus  or  menagerie,  or  circus  and  menagerie   com- 
bined, or  wild   west   show,  including  sideshows. 

for  the  first  day $200.00 

For  each  additional  day 300.00 

(  >ne-ring  circus,  for  the  first  day 75.00 

For  the  second  day :>0.00 

Each   additional   day   thereafter 100.00 

Each    sideshow,    with    one-ring    circus,    for    the    first 

day 25.00 

For  each  additional  day 4X1.00 


Sec.  851.  Civil  actions.  In  all  cases  where  by  ordi- 
nance of  this  city  it  is  provided  that  a  license  from  this 
city  shall  be  obtained  to  carry  on  or  engage  in  any  business, 


743 

i  pat  ion  or  calling  within  this  city,  and  the  amoun 
l>c  paid  for  siu-h  license  is  fixed  by  such  ordinance,  and 
said  amount  shall  nol  have  been  paid  at  the  time,  or  in  the 
manner  in  said  ordinance  provided,  a  civil  action  may  be 
brought  in  the  name  of  Salt  Lake  Cit)  against  the  person, 
firm  or  corporation  failing  to  paj  mu-1i  license,  in  any 
courl    of    this    state    having   jurisdiction    of    such    action, 

ver  tlu-  amount  of  the  same.  And  in  any  case  where 
several  or  divers  amounts  of  license  as  fixed  by  such  ordi 
nance  shall  remain  due  and  unpaid  by  any  such  person, 
firm  or  corporation,  such  several  amounts  of  unpaid  license 
may  !><■  joined  as  separate  causes  of  action  in  the  same 
complaint  in  such  civil  actions. 

The  provisions  of  this  ordinance   shall   apply   to  unpaid 
licenses  which  have  become  due  before  the  passage  of  this 
linance. 

Nothing  in  this  ordinance  shall  be  construed  to  prevent 
or  in  any  manner  interfere  with  the  enforcement  of  any 
penalty   provision  contained  in  any  ordinance  of  this  city. 

Sec.  852.  Collection    agency.       It    shall    be    unlawful    for 
any  persi  'ii  to  engage  in  the  business  of  or  conduct  or  opera 
collection  agenc)  claims  or  lulls  as  a  business 

for  hire,  profit  or  upon   percentage  basis,   within   Salt    Lake 
City,  without   firs  'ring  a  license  so  to  do. 

All  persons  required  to  pay  a  license  under  the  pro- 
\isi,,ns  of  this  ordinance  shall  pay  to  Salt  Lake  City  annually 
in  advance  the  sum  of  one  hundred  for  such 

license 

Sec.  853.   Contracting    electrician.      It    shall    be    unlawful 
for  any  person  to  engage  in,  commence  or  carry  "ii  the  b 
■    a   contracting   electrician    without    fit 
said    license   may   bi 
an    application    with    the  r   of    license    taxes    and    the 

nent    inti  Miry    in    advance    of    thr    sum    of 

lollars  per  annum.      I         th(    pur- 


744 

pose  of  this  ordinance  a  contracting  electrician  shall  be  de- 
fined as  any  person  who  installs  any  electrical  wiring,  fix- 
tures, apparatus  or  appliances  for  furnishing  light,  heat  or 
power,  telegraph,  telephone,  district  messenger  or  other 
electrical  work  for  a  stipulated  amount  or  under  contract. 

Public  dance  halls.     Sec.  984 

Sec.  854.  Dog  and  pony  shows,  etc.  It  shall  be  un- 
lawful for  any  person,  either  as  owner,  manager,  agent 
or  employe,  to  open,  carry  On  or  exhibit  any  dog  or  pony 
show  or  performance  of  learned  or  skilled  animals,  unless  a 
license  for  such  show  or  performance  has  been  first  procured, 
and  payments  therefor  made  into  the  city  treasury  as  follows  : 

An   exhibition   or  performance   of  twenty   animals   or 

less,  for  the  first  day $50 .  00 

For  each  additional  day 25 .00 

An    exhibition   or   performance   of   more   than   twenty 

animals,  for  the  first  day 75.00 

For  each  additional  day 40.00 

Sec.  855.  Drain  layers.  Any  competent  mechanic,  of 
at  least  twenty-one  years  of  age,  having  a  permanently 
established  place  of  business,  with  experience  in  laying  drain 
or  sewer  pipes,  upon  making  application,  and  upon  pay- 
ment to  the  city  treasurer  of  ten  dollars  for  the  year,  or 
unexpired  part  thereof,  ending  in  all  cases  December  31. 
and  upon  giving  a  bond  in  the  sum  of  one  thousand  dollars, 
with  corporate  surety,  to  be  approved  by  the  board  of  com- 
missioners, conditioned  that  the  applicant  will  save  the  city 
and  the  public  harmless  from  any  and  all  damages  that  may 
arise  by  reason  of  his  carelessness  or  negligence,  or  failure  to 
properly  execute  or  protect  his  work,  may  receive  a  drain  lay- 
er's license  to  lay  private  drain  or  sewer  pipes,  and  make  con- 
nections with   the  sewer  system.     The  bond  herein   required 


745 

shall    be    in    addition    to    the    bond    required    by    Section 
rhe  provisions  of  this  section  shall  not  be  const!  pply 

to  licensed  plumbers  who  have  paid  for  a  license  in  accord 
ance  with  Sec.  873. 

Sec.  856.  Electric  clocks,  etc.  It  shall  be  unlawful 
for  any  person,  firm,  association  or  corporation  to  engage  in, 
can-}   on,  conduct  or  operate  the  business  of  leasing,  renting, 

or  otherwise  furnishing  for  hire  electric  clucks,  electric  time 
es,  market   tickers  or  tape  machines,   within  the  corporate 
limits   of   > a  1 1    Lake   City    without    firsl    procuring   a   license 
i  do. 

Persons  required  i"  pay  a  license  under  the  provisions  of 
this    ordinance    -hall    pay    to    Salt    Lake    City    annually,    in 

the    sum    of   ,SJ.(K)    for    each    such    clock,    timi 
ticker  or  tape  machine  so  leased,   rented  or   furnished. 

On  or  before  the  1st  'lay  of  January  of  each  year,  per- 
sons engaged  in  the  business  as  provided  in  this  section 
shall   furnish   to  the  ■    of  license   taxes  of  said   city  a 

ement  under  oath  showing  the  number  of  electric  clo 
time  piece-,  market   tickers  or  ta  nines  leased,  rente. 1. 

furnished   or  hired   during  the  preceding  year. 

Sec.  857.  Electric  meters,  etc.  It  shall  be  unlawful  for 
any  person  t"  engage  in.  conduct,  operate,  carrv  on,  or 
manage  the  business  of  generating,   furnishing,   distributing 

selling  electricity  lor  light,  heat,   fuel  or  power  purpo 
and  using  meter-  to  gauge  .  >r  measure  the  same  withoul  first 
iring  a  license  so  t"  do. 

Persons  required  t.i  pay  license  under  the  provisions  of 
this    ordinance,    shall     "ii    or    bet'.. re    the    first    ■'  lanuary 

ach  year,  furnish  the  license  asse: — r  of  Sail   Lake  City 

a    statement    under  oath   of   the    number   of  tised   by 

-aid  person  for  the  gauging  "r  measurement  of  electricitj 

Cenerated.    furnished,    distributed    "r    -"hi    within    Salt    Lake 

during  the  preceding  year,  and   -hall   pa  ill    Lake 


746 

City  annually,  in  advance,  the  sum  of  one   ($1.00)  dollar  for 
each    and    every   meter   so   used   as   aforesaid. 

Sec.  858.   Employment  offices.     Section  720. 

Sec.  859.  Fortune  telling,  etc.  It  shall  be  unlawful 
for  any  person  to  engage  in  or  carry  on  the  business, 
profession  or  occupation  of  fortune  telling  for  hire,  by  what 
is  known  as  palm-reading,  mind-reading,  card-reading,  clair- 
voyance, astrology  or  any  other  means  of  foretelling  future 
events  for  pay.  without  first  obtaining  a  license  therefor  as 
herein  provided.  An,}'  person  or  persons  engaging  in  said 
business  or  profession  shall  make  application  for  a  license  to 
carry  on  said  business,  and  pay  for  such  license  the  sum  of 
two  hundred  dollars  annually   in  advance. 

Sec.  860.  Fresh  meat  dealers.  Slaughterers.  It  shall 
be  unlawful  for  any  person  to  engage  in  the  business  of 
slaughtering,  slaughtering  and  selling,  or  selling  fresh 
meat  at  wholesale  or  retail  within  the  corporate  limits  of 
Salt  Lake  City,  Utah,  without  first  making  application 
for  and  procuring  a  permit  and  license  so  to  do,  as  herein 
provided.  Any  person  desiring  to  engage  in  the  business  of 
slaughtering,  slaughtering  and  selling,  or  selling  fresh  meat 
within  the  corporate  limits  of  Salt  Lake  City  shall  make 
written  application  to  the  assessor  of  license  taxes;  such 
application  shall  contain  the  name  of  the  applicant,  his 
residence  address  and  the  address  of  his  proposed  place  of 
business,  designated  by  street  and  number ;  such  application 
shall  at  the  time  of  its  presentation  be  accompanied  by  a 
fee  of  one  dollar,  which  shall  be  covered  into  the  city 
treasury.  When  such  application  shall  be  made  by  a  retail 
fresh  meat  dealer,  the  assessor  of  license  taxes  shall  at  once 
notify  the  chief  veterinary  inspector,  who  shall  inspect 
the  premises  where'  the  said  applicant  proposes  to  carry  on 
business,  and  upon  such  inspection,  if  he  shall  find  the 
premises,    all     utensils,    hooks,    hangers,    racks    and    dishes 


747 

sanitary,  and  a  refrigerator  of  sufficient  capacitj  to  properly 
handle  all  meat  and  meat  food  products  to  be  sold,  to  be 
maintained   at  a  temperature  of   not   more   than   50  degrees 

Fahrenheit,  he  shall  issue  a  permit,  which,  upon  presentation 
to  the  assessor  of  license  taxes,  >hall  be  authority  on  his 
part  to  issue  a  license  i"  said  applicant  for  said  place  of 
business 

No    license    herein    provided    for    shall    be    issued    fo 

■d  than  the  municipal  year  in   which  it  is  issued. 
The    license    charge    under    the    provisions    of    this    section 
shall   be   payable,   in   advance,    as    follows 
For   slaughterers  or  butchers   who   are   not    vendors, 

per  annum    .S  25.00 

For  wholesalers  who  may  slaughter,  per  annum 125.00 

retailers  who  may  slaughter,  per  annum 2-   • 

Roth    wholesalers    and    retailers    who    may    slaughter 

per  annum    150.00 

Sec.  861.  Rooming  houses.  Keepers.  Regulations. 
Every  person  keeping  a  house  or  place  for  the 
rental  of  rooms  for  lodging  or  sleeping  purposes,  by  the 
day,  week  or  month,  such  rental  nol  to  include  hoard, 
whether  heretofore  denominated  or  known  as  a  hotel,  lodging 
house  or  rooming  house,  is  hereby  declared  to  be  a 
rooming  house  keeper,  and  such  house  or  place, 
ing  house.  Every  rooming  house  keeper  shall  with  his 
application  for  a  license  make  a  statement  under  oath. 
showing    the    location    of    the    house    or    place,    the    number 

S    contained    therein,    and    the    number    of    ro 
rented    or    to    be    rented   for    lodging   or    sleeping    purposes. 
The    application    for    such    license    and    said    statement    shall 
be   filed   with   the   city   recorder  of   Salt   Lake   City,   and   be 

sented    to    the    board    of    commissioners    of    Salt    Lake 

at    its    next    regular    meeting.      Such    application    shall 

by     said     hoard     be     referred     to    the    chief    of    police,     who 

shall    within    five    days    after    such    reference,    report    to    said 

hoard   the  general   reputation   of  said  house  or  place,  and   the 


748 

general  reputation  and  character  of  the  person  who  pro- 
poses to  carry  on  said  business,  and  as  to  the  general 
reputation  and  character  of  the  persons  lodging  or  enter- 
tained at  said  place,  and  whether  said  place  or  any  person 
lodging  therein  or  connected  therewith  has  a  U.  S.  govern- 
ment or  other  license  to  sell  or  dispose  of  any  kind  of  liquor, 
and  whether  any  law  of  the  state  or  ordinance  of  the  city  is 
being  or  has  been  violated  by  the  person  proposing  to  carry 
■  m  said  business,  and  if  so.  in  what  respect  or  respects,  and 
whether  any  spirituous,  vinous,  fermented  or  malt  liquor  is 
or  has  been  sold  or  kept  for  sale  in  said  house  or  place,  or 
any  place  connected  therewith  by  the  person  proposing  to 
carrv  on  said  business,  or  any  person  lodging  at  or  connected 
with  said  house  or  place,  and  whether  said  house  or  place  is 
or  has  been  conducted  in  a  quiet,  lawful  and  peaceable 
manner,  and  any  other  matters  in  regard  to  which  said 
board  should  be  informed,  with  the  recommendation  of  said 
chief  of  police  as  to  granting  or  denying  said  application. 
Upon  the  receipt  of  said  application  and  report  from  the 
chief  of  police,  said  board  shall  act  on  such  application  in 
regard  to  granting  or  denying  the  same  as  it  shall  deem 
just  and  proper.  It  is  also  hereby  made  the  duty  of  the 
chief  of  police,  after  a  license  has  been  granted  to  keep  a 
rooming  house,  to  investigate  and  examine  any  place 
licensed  as  a  rooming  house  in  regard  to  the  matters  here- 
inafter stated,  and  if  it  shall  appear  from  such  investigation 
and  examination  that  the  general  reputation  and  character 
of  the  person  to  whom  such  license  has  been  granted,  or 
that  the  general  reputation  and  character  of  the  persons 
lodging  or  entertained  at  the  place  licensed  is  bad,  or  that 
such  person  or  place,  or  any  person  connected  therewith 
or  lodging  therein,  has  a  U.  S.  government  or  other  license 
to  sell  or  dispose  of  any  kind  of  liquor,  or  that  any  law 
of  the  state  or  ordinance  of  the  city  has  been  violated  since 
the  granting  of  such  license,  or  if  any  spirituous,  vinous, 
fermented  or  malt  liquor  has  been  sold  or  kept  for  sale  in 
said  house  or  place,  or  any  place  connected   with  it,  by  any 


person,   since   the   granting  of  such   license,  id   house 

or  place  since  the  granting  of  such  license  lias  not  been 
conducted  in  a  quiet,  lawful  and  peaceable  manner,  the  chief 
of  police  shall  at   once  report  the  particulai  n   regard 

to    such    matters,    or    any    of    them,    or    any    other    matter    in 
regard  to  which  said  hoard  should  be  advised,  to  th<    bi 
of    commissioners    with    his    recommendation    in    regard    to 

iking  such  license,  which  board  shall  take  such  action 
in  regard  to  the  revocation  of  such  license  as  it  may  deem 
just   and    risjht. 

The    yearly    license    for    rooming    houses    shall    bi 
follow  - : 

For  house  containing  1( 0  rooms  or  over SI  50.00 

For  house  containing  less  than  1(K>  rooms  and  over  7? .    12 
For  house  containing  75  rooms  and  more  than  60 
For  house  containing  ms  and  more  than  40.  •       ■ 

For  house  containing  40  rooms  and  more  than  25.... 
For  house  containing  25  rooms  and  more  than  15....     25.00 
mtaining  15  rooms  and  more  than   10....      I 

For  house  containing   1(>  rooms  and  more  than   5 '■ 

For  house  containing  less  than   five  rooms 

Sec.  862.   Hotel  runner.     Solicitor.     License.     It    shall  be 
unlawful  for  any  person  to  engage  in  or  pursue  the  business 
of  a  hotel   runner  or  solicitor  for  a  hotel   or  rooming  h> 
without  first  obtaining  a  license  so  to  do;  for  such  license  he 
shall  paj   annually  into  the  treasury  the  sum  of  fifty  dollars. 

Sec.  863.  Laundry.     Section 

Sec.  864.     Liquors. 

Sec.  865.     Livery  stables.     A   livery   -ial>lc  k 
who   keep-    tor   public    hire    upon    call    horses,   carriages,    and 
drawn   vehicles;   but    this  definition   shall 
ns,  fin:  porations  who  keep  for  public  hii 

drays  wagons,    and    other    vehi 

48 


750 

like  character.  A  livery  stable  keeper's  license  may  be  is- 
sued upon  the  applicant  filing  with  his  application  a  state- 
ment under  oath,  showing  the  number  of  animals  and  vehicles 
of  all  descriptions  to  be  kept  by  him.  The  yearly  license 
charge   for  livery  stable  keepers  shall  be  as  follows: 

For  35  or  more  vehicles,  with  animals $200.00 

For  20  and  less  than  35  vehicle-,  with  animals 100.00 

For  10  and  less  than  20  vehicles,  with  animals 60.00 

For  5  and  less  than  10  vehicles,  with  animals 30.00 

For  less  than  5  vehicles,  with  animals 15.00 

Sec.  866.  Merchants,  bankers,  etc.  It  shall  be  unlawful 
for  an}-  wholesale  or  retail  merchant  to  commence  or 
carry  on  his  business  without  first  making  a  statement  under 
oath  of  the  cash  value  of  all  goods,  wares  and  other  mer- 
chandise which  he  may  have  in  his  possession  or  under  his 
control  for  sale,  whether  owned  by  him  or  consigned  to  him; 
or  for  any  merchant  to  increase  his  stock  beyond  the  limit 
of  his  class  of  business  during  the  period  of  his  license, 
without  procuring  an  additional  license  for  such  increase;  or 
for  any  banker  or  broker  to  commence  or  carry  on  his 
business  without  first  making  a  statement,  under  oath,  of 
the  value  or  aim 'tint  of  the  capital  employed  in  his  busi- 
ness. The  assessor  of  license  taxes  shall  file  all  such  state- 
ments in  alphabetical  order,  and  yearly  licenses  may  be 
issued    thereon    as    follows : 

Over  $500,000  shall  constitute  first  class,  and  pay $700.00 

Over  $400,000  and   not  exceeding  $500,000  shall   con- 
stitute second  class,  and  pay 600.00 

Over  $300,000  and  not  exceeding  $400,000,  shall  con- 
stitute third  class,  anil  pay 550.00 

Over  $200,000  and  not  exceeding  $300,000.  shall   con- 
stitute fourth  class,  and  pay 400.00 

Over  $100,000  and  not  exceeding  $200,000,  shall   con- 
stitute fifth  class,  and  pay 350.00 

<  )ver  $75,000  and  not  exceeding  $100,000.  shall  consti- 
tute sixth  class,  and  pay 300.00 


751 

Over  $60,000  and  not  exceeding  -              shall  consti- 
tute -e\  mih  class,  and  paj $225.00 

Over  $50,000  and  not  exceeding  $  shall  con 

tute  eighth  class,  and  pay 200.00 

$40,000  and  not  exceeding  $50,000,  shall  consti- 
tute ninth  class,  and  pay \7 

$30,000  and  not  exceeding  $40,000,  shall  consti- 
tute  tenth  class,  and   pay 1: 

$20,000  and  not  exceeding  $30,000,  shall  consti 

tute  eleventh  class,  and  pay 125.00 

Over  $15,000  and  not  exceeding  $20,000  shall  con 

tute  twelfth  class,  and  pay 100.00 

Over  Sin.iKKi  and  not  exceeding  $15,000,  shall  consti- 
tute thirteenth  class,  and  pay 90.00 

-    Kin  and   not   exceeding  $10,000,  shall  consti- 
tute fourteenth  class,  and   pay 80.00 

•     000   and    not    exceeding   $8,000,    shall    consti 

tute  fifteenth  class,  and  pay 70.00 

<  Her   $4,000   and    nut    exceeding   $5,000,    shall    consti- 
tute sixteenth  class,  and  pay 60    • 

i  »vei            •     and   not   exceeding  $4,000,   shall   consti- 
tute seventeenth  class,  and  pay $50.00 

(Her  $2,000  and   nol    exceeding  $3,000.   shall   consti 

tute  eighteenth  class,  and  pay 40.00 

i  Her   $1,000  and    not    exceeding  $2,000,   shall   consti- 
tute  nineteenth   class,   and   pay 30.00 

$500  and   not    exceeding  $1,000,   shall    constitute 

ntieth   class,   and   pay 25.00 

J    ■      md    not    exceedin  institute 

First    class,   and   pay 1 

lit        -      I   shall    constitute    twenty-second 

•id  pay    10.00 

■    •'.   that    the    provisions   of    this    section    shall    not 
be    construed    to    authorize    any    person    to    sell    spiritm 
vinot  nted    liquors,   in    any    quantil 


752 

Sec.  867.  Milk  dealers.  License.  Milk  dealers,  as 
contemplated  in  this  ordinance,  shall  be  any  person  selling 
milk  from  more  than  <me  cow.  It  shall  be  unlawful  for  any 
person  to  engage  in  business  in  Salt  Lake  City  as  a  milk 
dealer,  without  first  obtaining  a  license  so  to  do,  and  such 
person  shall  make  yearly  payments  to  the  city  treasurer  for 
such  license  in  accordance  with  the  following  scale: 
\Yholesale   exclusively — 

Daily  sales,  for  the  first  five  gallons SI  .00 

Dailv    sales,    for    every    additional    five    gallons    or 

fraction  thereof   1 .00 

Retailers — ■ 

Daily  sales,  for  the  first  five  gallons $1.50 

Daily    sales,    for    every    additional    five    gallons    in- 
fraction thereof   1 .  50 

Sec.  868.  Motorcycles.  License.  No  person  shall  ride 
any  motorcycle,  or  motor  bicycle  on  any  street  or  public 
place  within  this  citv  unless  a  license  has  been  procured  for 
the  use  thereof  as  hereinafter  provided.  Each  of  said 
vehicles  shall  be  separately  licensed  and  such  license  shall  be 
issued  bv  the  license  assessor,  signed  by  the  mayor  and 
attested  by  the  city  recorder,  under  the  seal  of  the  city,  after 
the  payment  by  the  applicant  for  such  license  to  the  city 
treasurer  of  the  sum  of  $3  for  each  license  per  year.  Such 
license  shall  be  effective  until  the  31st  day  of  December 
next  following  its  issuance  and  shall  contain  the  name  of  the 
owner,  the  make,  the  style  and  number  of  such  vehicle,  and 
may  be  transferred  with  the  machine  for  which  it  is  issued, 
but  not  otherwise.  There  shall  be  issued  with  such  license 
a  tag,  to  be  paid  for  by  the  licensee,  stamped  with  the 
number  of  the  license,  which  tag  must  be  attached  to  said 
vehicle  in  a  conspicuous  place,  where  it  can  be  seen  at  all 
times. 

Sec.  869.  Pawnbrokers.  It  shall  be  unlawful  for  any 
person    to    carry    on    the    business    of    a    pawnbroker,    or    the 


753 
business  of  loaning  or  advancing  monej  1  raft 

for  money  on  the  deposit  or  pledge  or  bailment  onal 

property  of  any  kind  as  security  For  such   loan  or  advai 

ment,   <>r   the   business   of   loaning   or   advancing   monej 

check  or  drafl   for  money  in  any  transaction  or  transactions 

in    tlie    form    of    a    sale    of  tj     wherein    the 

personal    propertj    involved,    under   agreement,    is    to    I" 

ma)    be   repurchased   b)    the   vendor,   pledgor,   bailor   or   de 

positor  within  an  agreed  time  upon  the  payment  of  an  agreed 

sum,   or   anv    sum    in   exceess   of   the   real    sum    so   loaned   or 

advanced,  or  the  business  of  loaning  or  advancing  mone) 

check  or  draft  t< >r  money  upon  a  chattel  mortgage  or  mort- 

es  on  personal  property  where  the  personal  propert) 
involved  or  any  part  of  the  same  is  taken  into  the  custodj 
•  >r  possession  of  the  person  advancing  such  money,  or  Ins 
agent  or  trustee,  or  the  business  ol  loaning  or  advancing 
any  money  or  cheek-  or  draft  for  money  upon  any  assignment 
or  assignments,  or  pledge  or  pledges  of  earned  or  unearned 
salary.    wag<  rnings,    or    the    business    of    loaning    or 

advancing  any  money  or  cheek  or  draft  for  money  upon 
an)  contract,  undertaking  or  agreement  which  in  substanct 
and  effect  assigns,  pledges  or  binds  the  earned  or  unearned 
-alary,  wages  or  earnings  of  the  borrowei  as  securit)  for 
such  loan  or  advancement,  without  previously  having  ob- 
tained a  license  so  to  d<  ordance  with  the  provisions 
hereinafter  Contained  and  set  forth  \  sign  or  advertise- 
ment indicating  that  any  person  i>  engaged  in  any  of  the 
above  kinds  of  business  shall  be  received  as  prima  facie 
evidence  against  Mich  person  that  he  is  engaged  in  the 
business  "i"  pursuit  therein  advertised.  Every  person 
gaged  in  any  business  or  pursui  mentioned  is 
hereby  declared  to  be  a  pawnbroker,  and  shall  pay  the  - 
license  fee  and  receive  the  same  been-  pawnbroker, 
and    shall    be    governed    and    bound    by    all    ordinances    and 

llations   concerning    pawnbrokers    in    so    far    a-    thi     same 

un  to  licenses  and  been-.-  fees. 

Every    person    applying    for    a    license    a-    pawnbi 
shall,  before  receiving  such  license,  pay  into  the  city  I 


754 

a  license  tax  of  one  hundred  ($100.00)  dollars  per  annum 
(no  such  license  to  be  issued  for  a  less  period  than  six 
months),  and  shall,  before  receiving  such  license,  enter  into 
a  joint  and  separate  bond,  with  corporate  surety  to  be 
approved  by  the  board  of  commissioners,  in  the  penal  sum  of 
one  thousand  ($1,000.00)  dollars,  conditioned  for  the  faithful 
observance  of  all  ordinances  respecting  pawnbrokers; 
provided,  that  the  license  provided  for  in  this  section  shall 
not  permit  the  licensee  to  conduct  the  business  of  a  mer- 
chant. 

Sec.  870.  Package  delivery.  Messenger  service  It 
shall  be  unlawful  for  any  person,  firm  or  corporation  to 
engage  in  the  business  of  delivering  messages,  packages,  or 
parcels,  either  by  vehicle  or  otherwise,  except  duly  licensed 
expressmen,  without  first  having  obtained  a  license  therefor, 
and  the  payment  of  $50  yearly,  and  executing  a  bond  to  Salt 
Lake  City  in  the  sum  of  $1000,  with  corporate  surety,  ap- 
proved by  the  board  of  commissioners,  conditioned  for  the 
faithful  observance  of  all  ordinances  of  the  city,  and  that  they 
will  save  the  city  and  public  harmless  from  any  and  all  dam- 
ages that  may  arise  by  reason  of  the  conduct  of  said  business. 

Sec.  871.  Peddlers  and  hawkers.  It  shall  be  unlaw- 
ful for  any  person  to  carry  on  or  engage  in  the  business 
of  peddling,  or  to  offer  for  sale,  barter  or  exchange,  at 
retail,  any  garden  or  farm  produce,  fruits,  butter,  eggs, 
meat,  poultry,  fish,  game,  or  any  other  goods,  wares  or 
merchandise  whatsoever,  in.  upon  or  along  anv  street  of 
Salt  Lake  City,  without  first  obtaining  a  license  so  t<>  do. 

It  shall  be  unlawful  for  any  person,  under  anv  circum- 
stances, to  peddle  any  goods,  wares  or  merchandise  whatso- 
ever, in,  upon  or  along  any  of  the  following  streets,  to  wit  : 

South  Temple  street  from  Second  East  street  to  First 
West  street;  First  South  street  from  Second  East  street  i.> 
First  West  street:  Second  South  street  from  Second  East 
street  to  First  West  street  ;  Third  South  street  from   Second 


755 

East  street   t"   First   West   street;   Fourth  South  street   from 

nd  I  .>-!  street  to  First  West  street;  State  street  from 
First  North  street  to  Fifth  South  street;  Main  street  from 
hir>t  North  street  to  Fifth  South  street;  West  Temple 
street  t'r<>m  First  North  street  to  Fifth  Smith  street  ;  and 
no  license  shall  be  granted  to  any  person  to  peddle  in, 
upon  or  along  the  said  streets  above  described. 

Licenses  for  peddling  for  the  purposes  and  under  the 
restrictions  set  forth  may  be  issued  upon  the  payment  for 
the   following  sums   per  annum: 

For   a   license   to   peddle    vej  -.    fruit,   garden    pro- 

duce,   butter,    eggs,    poultry,    t'ish    and    garni  or    each 

wagon  or  stand  so  employed. 

For   license   to   peddle   ice   cream,   $40   I  r   each    wagon, 

I  or  push  cart  so  employed. 

license  to  peddle  bread,  cakes  or  bakers'  products, 
■r   each   wagon,   stand   or   push   cart    so  employed. 

»e  to  peddle  fruit,  vegetables,  faun  or  garden 
produce,  meats  or  baker-'  products  by  hamper  or  otherwise 
than  by  a  push  eart.  stand  or  wagon,  SUO  for  each  hamper 
so   employed. 

For  a   license  t<>  peddle  or  -ell  coupons   redeemable   by 
any  person,  firm  or  association,  ;••  apply  on  services 
"r  merchandise  of  any  kind,  for  each  person  so  peddling,  $25. 

For  a   1'  die   peanuts  or   p 

n,  stand  or  push  cart   so  employed. 

For  a  license  t"  peddle  dry  g I-.  household  appliances, 

wares    and    notions    of   any   kind.   $75;    hut    for    the    peddling 
of    these    articles    last    enumerated    a    license    may    he    issued 
upon  the  payment  of  Sin  per  day,  if  the  applicant  desin 
license   for  a   les  I    than    -i\    months. 

The    provisions    of    this    ordinance    -hall    not    appb 

ffering    for    -ale    butt  fruit, 

bles    or    poultry  r    produced    by 

hut    it    shall    be    unlawful    for    such    persons    to    peddle    the 

-aid    products    unless    they    -hall     register    their    name. 
ipation    by    a    sworn     si  in    the 


756 

office  of  the  license  assessor  of  Salt  Lake  City,  and  secure 
therefrom  a  plate  showing  the  business  they  are  engaged 
in,  and  the  year  for  which  the  same  is  issued,  the  said 
plate  to  be  furnished  by  the  license  assessor  upon  the 
payment  of  a  fee  of  $1. 

It  shall  be  unlawful  for  any  person  to  mingle  and  sell 
the  produce  of  another  with  his  own,  or  to  mingle  and  sell 
with  his  own  produce  any  produce  purchased  from  another, 
without  procuring  the  license  required  for  a  produce  vendor 
herein. 

It  shall  be  unlawful  for  any  peddler  or  vendor  licensed 
or  registered  under  the  provisions  of  this  ordinance,  to 
ring  a  bell  or  gong,  or  in  loud  voice  cry  his  wares  for  sale. 

(  >nly  one  person  may  peddle  .with  each  wagon,  but 
each  such  peddler  may  be  accompanied  by  one  driver  or 
attendant   who  shall  not  peddle. 

Any  person  keeping  produce,  goods,  wares  and  mer- 
chandise of  any  description  at  a  private  residence  and 
soliciting  trade  therefor  in  person  or  by  agents,  or  by 
telephone,  and  delivering  the  same,  shall  be  deemed  a 
peddler  or  produce  vendor  under  the  provisions  of  this 
ordinance,  and  shall  be  required  to  procure  a  license  therefor, 
and  shall  not  operate  under  a  merchant's  license. 

It  shall  be  unlawful  to  peddle  any  medicine,  nostrum 
or  remedy  of  any  character  or  description,  and  no  license 
shall    be    issued    for    such    purpose. 

Xo  license  shall  issue  for  a  less  term  than  six  months, 
except  for  a  day  rate  as  hereinbefore  provided,  except 
that  when  application  therefor  is  made  after  the  1st  day  of 
July  of  any  year,  and  such  application  is  approved  by 
the  license  assessor,  the  license  shall  issue  for  the  unexpired 
portion  of  the  year,  and  the  licensee  shall  be  required  to 
pay  only  for  such  unexpired  portion.  Each  license  shall 
be  numbered,  and  each  person  to  whom  such  license  is 
issued  shall  fasten  upon  the  right  side  of  any  vehicle  which 
he  may  use  in  his  business  in  such  manner  that  the  same 
may  be  plainly  seen,  a  metallic  plate  to  be  furnished  by  the 


757 

license  assessor,  bearing  the  license  number  "i"  the  licensee 
and  the  year  for  which  it  is  i  and  the  words  "Licensed 

\  endor."     For  such  plate  the  licensee  shall  pay  the  sui 
twenty-five  cents;  and   persons  peddling  their  own    produce 
under  the  provisions  of  this  ordinance   shall   be   required   to 
affix    the   plate    furnished    to    them    by    the    license   assessor 
upon  the  righl   side  of  their  vehicles  in  a  similar  mannei 

Sec.  872.  Plumbers'  license,  h  shall  be  unlawful  for 
any  plumber  to  lay  any  surface  pipe  connected  or  to  be 
connected  with  the  waterworks  system  or  to  do  any  kind  of 
plumbing  work  unless  he  is  licensed  and  gives  bond  as 
provided  in  Section  C'4S.     Provided,  that  the  license  provided 

in  tin-  section  shall  not  permit  the  licensee  to  conduct 
the  business  of  a  merchant  without  the  payment  for  a 
merchant's  license. 

Sec.  873.  Plumbers'  bond.  Amount.  The  yearly  license 
for  plumbers  shall  be  twent)  five  ($25.00)  dollars,  and  the 
license  may  be  issued  upon  paymeii:  d    sum,  and   upon 

giving  the  bond  in  the  sum  of  ten  thousand  i'S"  10.000 .00) 
dollars  mentioned   in  Section  948,   which   bond   shall   contain 

conditions,  and  he  subject  to  the  provisions  named  in  said 
section.  Said  bond  shall  contain  a  further  condition  for  the 
faithful  observance  of  all  ordinances,  rule-  and  regulations 
of  this  city  relating  to  plumbing. 

Public  dance  halls.     Sec    984. 

Sec.  874.  Restaurant  defined.  \  restaurant  keeper 
i-  hereto  defined  i"  be  any  person  who  shall  for  any 
consideration  furnish  food  in  any  quantity  to  be  eaten  on 
the  premises  where  sold,  and  withoul  lodging,  within  the 
limit  5al1     Lake    City.  A    restauranl     keeper's     license 

may    he    iss  in    the    applicant    filing    with    the    a| 

-'tch  license,  a  statement,  under  oath,  showing 
the  greatest  number  of  persons  such  applicant  for  a  license 
•  an  furnish   with   food  at  one  time. 


758 

The   yearly   license   charged   for   restaurants   shall   be   as 
follows  : 
For    all    restaurants    able    to    accommodate    thirty    or 

more  persons  at  one  time $75.00 

For    all    resturants   able    to   accommodate    twenty    and 

less  than  thirty  persons  at  one  time 40.00 

For  all  restaurants  able  to  accommodate  over  ten  per- 
sons and  less  than  twenty  at  one  time 20.00 

For  all  restaurants  able  to  accommodate  ten  person  at 

one  time,  or  less  than  ten 10.00 

Provided   as    folic  >\\  S  : 

First.  That  no  restaurant  keeper  shall  sell,  give  away, 
serve  or  permit  to  be  served,  or  permit  to  be  drunk  in  his 
place  of  business,  any  spirituous,  vinous,  fermented  or  malt 
liquors  on  the  first  day  of  the  week,  commonly  called  Sun- 
day, or  between  the  hours  of  12  o'clock  midnight  and  six 
o'clock  a.  m.  on  any  day  of  the  week. 

Second.  That  the  door  or  doors  of  every  restaurant 
shall  be  and  remain  unlocked  and  unfastened  during  all  the 
time  any  person  or  persons,  including  the  keeper  of  such 
restaurant  or  any  of  his  employes,  are  therein,  and  that 
during  said  time  or  times  no  person  shall  be  refused 
admittance   to   such    restaurant. 

Third.  That  no  restaurant  where  spirituous,  vinous. 
fermented  or  mall  liquor  is  served  or  permitted  to  be  drunk, 
shall  have  within  it  or  in  any  manner  connected  with  it, 
any  room  or  booth  having  doors  or  curtains  thereto,  and 
rooms  or  booths  in  all  restaurants  shall  have  but  one 
entrance  which  shall  be  reached  only  from  the  main  outside 
entrance  to  such   restaurant. 

Fourth.  That  no  person  securing  a  license  under  the 
provisions  of  this  section  shall  cook,  bake,  or  otherwise 
prepare  food,  or  permit  any  cooking,  baking  or  other  prepar- 
ation of  food  within  ten  feet  of  the  front  of  the  restaurant 
to  conduct  which  said  license  is  given  or  granted,  unless 
the  front  of  said  restaurant,  except  the  entrance  thereto,  is 
kept    closed    at    all    times.      Nor    shall    such    person    exhibit 


759 

or   expose,   or   permit    to   be   exhibited   or   exposed    for   sale 
otherwise  on   the  outside  of  a  restaurant  licensed   under 
tins  ordinance,  or  through  an  open  window  or  dooi   thei 
an)    meat,  fish  or  fowl,  cooked  or  uncooked. 

I  Ik-   license  of  any   restaurant   keeper  <hi\\\   be   revoked 
by   the  board  of  commissioners   of   Sail    Lake  City   for  any 
violation   of  the   provisions  of   this   section,   and   any   sul 
quent    application    for    a    restaurant    license    by    such    res 
taurant    keeper   shall   be   made   by   petition   to   the   board  of 
nmissioners  of  Salt    Lake  City. 
Nothing  in   this  section  shall   be  construed  as  a   license 
ermission  to  any  person  having  a  restaurant  license,  to 
sell,    give    away,    serve,    or    permit    to    be    drunk    on    his 
premises,   any  spirituous,   vinous,   fermented   or   malt   liquor 
at   any   time. 

Sec.  875.  Salary   loan   agency.      Salary    loan    agencies,  as 
contemplated  in  this  ordinance,  shall  be  any  person,  firm  or 
tion    engaging    in    the    business    of    loaning    or    ad- 
vancing   an\     money,    or    check    or    draft     for    money    upon 
any    assignment    or    pledge    of    earned    or    unearned    salary. 
-  or  earnings,  or  the  business  of  loaning  or  advancing 

money  or  cheek  or  draft   for  mone_\    upon  an)    contt 
undertaking   or    agreement,    which    in    substance    and    effect 

[jns,  pledges  or  binds  the  earned  or  unearned  salary. 
wages  or  earnings  of  the  borrower  as  security  for  such 
loan  or  advancement. 

Ever)    person   applying   for   a    licens  salar)    loan 

ncy  shall,  before  receiving  such  license,  pay  into  the  city 

-■try   a    license    tax    of   $100.00   per   annum,    and    shall, 
fore    receiving   such    license,   enter    into   a    joint    and    several 
bond  with  corporate  or  other  surety,  to  In-  approved  b)    the 
hoard  of  commissioners,  in   tin-  penal   sum  of  $1 
ditioned    for    the    faithful    observance   of   all    laws    and    ordi- 
nances  respecting  salar)    loan  ag 

\ny    person    engaging   in    or   carrying   on    the 

-alary    loan     agency    without     first     having    obtained     a 


760 

license    su    to    do,    and    furnishing    a    bond    as    hereinbefore 
provided,  shall  be  deemed  guilty  of  a  public  offense. 

Sec.  876.  Scavengers.  It  shall  be  unlawful  for  any 
person  to  engage  in  the  business  of  removing  night-soil  or 
the  contents  of  privies,  vaults,  water-closets,  cesspools, 
or  grease  traps,  within  the  corporate  limits  without  first 
securing  a  permit  from  the  board  of  health  and  obtaining  a 
license  so  to  do.  Such  license  shall  be  in  the  sum  of 
twenty-five  dollars  per  year  for  each  wagon  used.  All 
scavenger  work  shall  be  subject  to  the  direction  and  control 
of  the  board  of  health. 

Sec.  877.  Slot  vending  machines.  It  shall  be  unlawful 
for  any  person  to  operate  or  maintain  for  hire,  gain  or 
reward,  any  device  known  or  designated  as  a  slot  vending 
machine,  containing  a  slot  or  other  device  to  receive  any  coin 
or  other  money,  without  first  obtaining  a  license  so  to  do; 
no  license  shall  be  issued  for  the  operation  or  maintenance 
of  any  machine  which  is  used  for  the  purpose  of  gaming 
for  money  or  other  property;  and  machines  used  for  tele- 
phone communication  shall  be  exempt  from  the  provisions 
of  this  section.  Every  person  who  shall  operate  or  main- 
tain any  slot  machine  or  other  device  mentioned  herein,  and 
which  is  herein  authorized  to  be  licensed,  shall  pay  for 
each  machine  an  annual  license,  as  follows,  to  wit: 

For  machines  receiving  a  deposit  of  one  cent $  1.50 

For  machines  receiving  a  deposit  of  five  cents 5.00 

For  machines  receiving  a  deposit  of  ten  cents 15.00 

For  machines  receiving  a  deposit  of  twenty-five  cents 

In  no  case  shall  any  such  machine  or  device  be  operated 
or  maintained  in  any  public  building  or  grounds,  or  upon 
the  streets,  sidewalks  or  other  public  thoroughfares'.  When 
a  license  is  granted  its  license  number  shall  be  upon  a  tag 
on  each  machine  and  securely  attached  to  the  machine  in 
such    manner   as    to   be    exposed    to    public    view. 


7..1 

Sec.  878.  Stock  brokers.  It  shall  be  unlawful  for  any 
person,  firm  or  corporation  to  engage  in  or  conduct  the 
business  of  stock  broker  within  the  limits  of  Salt  I 
•  ity  without  first  having  obtained  a  license  therefor  as  here- 
in provided.  \ny  person,  firm  or  corporation  who  or 
which,  for  a  commission  or  othei  compensation,  engages  in 
or  conducts  the  buying  and  selling,  or  buying  or  selling  "f 
stocks,  shares,  securities  or  evidences,  or  representatives  of 
value    for   or    as   ayent    of   anotln  or    or   on    account 

another,  shall  be  deemed  a  stock  broker  and  engaged  in  the 
business  oi  stock   broker. 

\ny  person,  firm  or  corpo  I  in  said  business 

-took  broker  shall  obtain  a  license  to  carr)  on  such 
business,  and  shall  pay  for  such  license  the  sum  of  twenty- 
five  ($25.00)  dollars  per  year. 

Sec.  879.  Sunday     sacred     musical     concerts.       Amount. 
It    shall    be    unlawful    for   any    person    tO    give    Sunday    sacred 
musical    concerts,   and    to   charge   an    admission    fee    then 
without    first    having    obtained    a    license    so    to    do.      The 
license  charge   shall   be   five   dollars   for  each   concert    given. 

Sec.  880.      Telephones.      It    shall    be    unlawful    for    any 

son    to    operate    or    maintain    any    telephone    instrument 

within    the   corporate    limits   of   Salt    Lake   Cit)    for    which   a 

rental  or  charge  is  made,  except  a-  provided  in  Section  881 

of     this     ordinance,     without     first     obtaining     a     quarterly 

nning    January    first    in    each    year,    for    all 

ne     instruments    so    operated     and     maintained,    in     the 

quarter  nexl  ing  the  application  for  such  licen 

Sec.  881.  Amount.       Every    person     who    shall     opi 
or    maintain    any    telephone    instrument    mentioned    in    the 
precedinj  n    shall    pay    to    Salt     Lake    City    for    each 

hone    instrument,    for    the    use    of    which    such    person, 
firm,    or  dollar-    per    annun 

quarterly  license  of  twenty  I  ind   for  i 


762 

telephone  instrument  for  the  use  of  which  such  person 
receives  less  than  sixty  dollars  per  annum,  a  quarterly 
license  of  twelve  and  one-half  cents ;  provided,  that  every 
telephone  company  that  is  now  obligated  to  pay  one  per 
cent  per  annum  of  its  gross  earnings  during  its  corporate 
existence,  and  every  telephone  company  that  may  hereafter 
agree  in  writing  to  pay  to  the  city  treasurer  on  or  before 
the  fourth  Monday  in  each  January  during  its  corporate 
existence,  one  per  cent  of  its  gross  earnings  for  the  preceding 
year,  from  Salt  Lake  City  rentals,  and  agrees  during  its 
corporate  existence  to  furnish  to  said  city  fifty  free  tele- 
phones per  annum,  shall  be  exempt  from  all  rentals,  license 
fees  or  taxes  for  conducting  and  operating  the  business  of 
such  telephone  companies:  and  all  telephone  companies 
that  accept  this  ordinance  in  writing  within  ten  days  after 
its  approval  by  the  mayor,  agreeing  to  pay  one  per  cent 
of  their  gross  earnings,  as  herein  provided,  shall  have  the 
benefit  hereof  until  the  end  of  the  corporate  existence  of 
such   companies,   respectively. 

Sec.  882.  Statements.  It  shall  be  unlawful  for  any 
person  maintaining  or  operating  such  telephone  instruments 
\<>  fail  to  furnish  quarterly  a  complete  list  of  said  instru- 
ments to  the  city  treasurer,  the  list  to  give  location  of 
instruments    and    names    of    individuals    renting   the   same. 

Sec.  883.  Street  car  advertising.  It  shall  be  unlawful 
for  any  person  to  engage  in  the  business  of  street  car 
advertising  without  first  procuring  a  license  so  to  do. 

Persons  required  to  pay  a  license  under  this  ordinance 
shall  each  pay  in  advance,  to  Salt  Lake  City,  a  sum  equal 
to  5  per  cent  of  the  gross  annual  receipts  of  such  business, 
and  shall  on  or  before  January  1  of  each  year,  make  and  file 
with  the  license  assessor  a  sworn  statement  showing  the 
gross  income  of  said  business  for  the  preceding  year.  The 
books  of  any  person  engaged  in  such  business  shall,  for  the 


763 

purpose   of   ascertaining   the   amount    of   license    payable    to 

the  city,  be  open  to  the  inspection  of  the  license  assessor. 

For    the    purpose    of    this    ordinance,    the    business    of 

.r  advertising  is  defined  the  renting  or  hiring 

by  any  person  of  -pace  on  or  in  street  rated  within 

Lake   t'ity   for  advertising  purpose:  lensation. 

Sec.  884.   Theatres,    concert    halls    or    other    places    of 
amusement.     For    a    license    foi    a    theatre,  hall    or 

other  place  of  amusement  n<>t  otherwise  provided  for  in 
this  chapter,  haying  a  seating  capacity  of  1,000  persons  or 
more,  $200.00  per  annum  or  $5.00  for  each  performance; 
where  the  seating  capacity  thereof  is  less  than  1,000  and 
more  than  500  persons,  $100.00  per  annum  or  SJ.;m  for  each 
pen'. .nn. nice,  ami  where  the  seating  capacity  thereof  is  less 
than  for  500  persons,  $50.00  per  annum  or  $1.25  for  each 
performance.  For  a  license  for  a  concert,  ball,  lecture,  trick 
or  legerdemain,  or  any  other  exhibition,  show  or  am 
ment    not    herein   otherwise   provided    for,   where   the  seating 

icity  of  the  building  or  other  place  in   which   the   same 
i-  held  or  perfon  greater  than  for  l.CKm  persons,  £5.00 

for    each,     performance    or    exhibition;     where    the    seating 
thereof   is    [ess   than    for    1.000  and    more   than   500 
persons,  for    each    pert. 'nuance    or    exhibition;    and 

where    the    seating    capacity    thereof    is    for    less    than    500 

>ns,  $1  25  for  each  performance  or  exhibition.     And  the 
ri^lr  rved  and  the  hoard  of  commissioner-  ma>    refuse 

a  license  for  any  of  the  above  exhibitions.     For  a  licens< 
sell    or    otherwise   dispose   of    tickets   of   admission    to    any 
theatre,  concert,  circus  or  other  place  of  amusement,  by  any 
person   other   than   the  proprietor  or   manager  thereof   or   his 
duly  authori  n1    $100.00. 

Sec.  885.  Trading      stamps.  n    shall    en 

in   the  trading  stamp  business  or  deliver  an; 

monej    or   other   property,   or   grant    am 

reference     in     any     way,     U] 


764 

presentation  or  in  the  redemption  of  any  trading  stamp, 
coupon,  ticket,  or  other  device,  sold,  given  or  otherwise 
issued  by  any  other  person  in  connection  with  or  in  con- 
sideration of  the  sale,  exchange,  or  disposition  of  any  goods, 
wares,  merchandise,  or  other  property,  without  first  procur- 
ing the  license  hereinafter  provided. 

Persons  required  to  pay  a  license  under  the  provisions 
of  this  ordinance  shall  each  pay  six  hundred  ($600.00)  per 
annum  in  advance.  The  licenses  hereby  fixed  shall  be  in 
addition  to  any  other  licenses  that  may  be  paid  by  the 
person    affected. 

Sec.  886.  Vehicles.  License.  It  shall  be  unlawful  for 
any  person  to  use,  operate  or  run,  or  to  cause  or  permit 
any  of  his  agents  or  employes  to  use,  operate  or  run,  for  the 
purposes  of  his  business,  a  wagon,  automobile,  or  vehicle 
of  any  description  upon  the  streets  of  Salt  Lake  City,  without 
first  procuring  a  license  for  each  vehicle  so  used  and 
operated. 

The  provisions  of  this  ordinance  shall  not  applv  to 
vehicles  used  for  pleasure  only,  nor  to  vehicles  used  for 
business  purposes  by  any  person  who  pays  a  license  tax  to 
Salt  Lake  City  under  the  ordinances  thereof  for  the  right  to 
engage  in  or  carry  on   business. 

The   license   tax    for   the   use.   operation    and    running   of 
vehicles    on    the    streets    of    Salt    Lake    City    shall    be    paid 
annually    in    advance    into    the    City    Treasury,    in    the    sums 
and   according  to   the   schedule   following,   to   wit: 
Passenger  Vehicles — 
For  license  to  run  a  passenger  vehicle   drawn  bv  one 

horse    $15.00 

For  license  to  run  a  passenger  vehicle  drawn   bv  two 

horses    20.00 

For  license  to  run  an  automobile  for  public  hire,  carry- 
ing 4  persons  or  less 30 .  00 

For  license  to  run  an  automobile  for  public  hire,  carry- 
ing more  than  4  persons  and  less  than  10  persons.   40.00 


765 

For  license  to  run  an  automobile  for  public  hire,  carry- 
ing more  than   h>  persons 

Freight    Vehicles — 

For  license  i"  run  a  two  or  the  carriag 

of  1  > r i i- k .  coal,  lumber,  stone,  earth,  gravel,  sand, 

ment,   lime,  tiling,  steel   beams  and  other   st< 
and  iron  products,  oil,  gasoline,  goods,  wares,  mer- 
chandise,   manufactured    articles,    express    matter, 
baggage,   freight   and   material   of   any   and   evi 

kind    i 

For  license  to  run  a  one-horse  vehicle  for  the  cam:.. 
of   material   of  any  and   every   kind,  as  described 

above   ! 

For  license  to  run  a  three-horse  or  four-horse  vehicle 
for  the  carriage  of  material  of  anj  and  every  kind, 

[escribed  above 15.00 

For  license  to  run  an  automobile  of  the  capa<         if  one 
n,  For  the  carriage  of  material  of  am   and  ever) 

kind,  as  described  above 1 

Fur  license  to  run  an  automobile  of  '.  .<■  capacity  <>i 
more  than  one  ton  and  less  than  three  tons,  for  the 
carriage    of   material    of    any    and    every    kind,    as 

described  above   18.00 

For  license  i<>  run  an  automobile  of  the  capacity  of 
mure  than  three  t.ms,  f< >r  the  carriage  of  material 

of  any  and  every  kind,  as  described  above $25  <x> 

A  license  for  any  vehicle  under  the  provisions  of  this 
ordinance  may  be  issued  for  a  term  ••)"  -ix  months  upon 
the  payment  "t'  one-half  of  the  amount  of  the  annual  license, 
plus  ten  (10)  per  cent  additional;  provided,  however  that 
when  an  application  is  made  after  the  first  day  of  July  of 
any  year,  the  licensee  --hall  he  required  to  make  payment 
only  for  the  unexpired  portion  <>t'  such  half-yearly  period, 
and  the  certificate  of  license  shall  he  for  such  period. 

Every  vehicle  licensed  under  tin-  ordinance  -hall  have 
fastened  upon  the  right  side  thereof,  in  such  manner  that 
the    -ante   may   he   plainly   seen,   a    metallic   plate.   to   he    fur- 

40 


766 

nished  by  the  license  assessor,  bearing;  the  license  number 
of  such  vehicle  and  the  year  for  which  it  is  issued;  for 
such  plate  the  licensee  shall  pay  the  sum  of  twenty-five 
cents;  and  it  shall  be  unlawful  to  use,  operate  or  run 'any 
vehicle,  although  the  same  be  duly  licensed,  upon  the 
streets  of  Salt  Lake  City  unless  such  plate  is  attached 
thereto:  and  it  shall  be  unlawful  for  any  person,  upon 
the  expiration  of  such  license  or  upon  the  revocation  of  same, 
to  permit  or  suffer  said  license  number  to  be  or  remain 
attached  to  his  vehicle  or  to  operate  or  run  his  vehicle  after 
his  license  has  expired  or  has  been  revoked. 

It  shall  be  unlawful  for  any  licensee  to  sell,  transfer  or 
assign  any  license  issued  under  the  provisions  of  this 
i  irdinance. 

Any  person  having  a  residence  or  place  of  business 
without  the  limits  of  Salt  Lake  City,  who  shall  use,  operate 
or  run  a  vehicle  on  the  streets  of  said  city  for  the  purposes 
of  his  business,  shall  be  required  to  procure  a  license  for 
each  such  vehicle  according  to  the  schedule  and  provisions 
of  this  ordinance. 

Sec.  887.  Miscellaneous  licenses.  It  shall  be  unlawful 
for  any  persons  to  engage  in  or  pursue  any  business, 
vocation  or  calling  hereinafter  mentioned,  without  first  ob- 
taining a  license  so  to  do;  and  he  shall  (except  where 
otherwise  provided  I  make  yearly  payments  into  the  city 
treasury,  in   advance,   fur  such   license,   as   follows: 

Assay'er    S  12.00 

Hill    posters,    to    include    distribution    of    advertising 

matter  300.00 

Building,   loan,    discount    and    investment    institutions. 

when  outside  capital  is  employed 50.00 

Distributor  of  advertising  matter 20.00 

Exhibiting  apparatus,  per  day 2.00 

Exhibiting  freaks  of  nature,  per  day 2.00 

Exhibiting   machines,   per   day 2.00 

Exhibiting  natural   curiosities,  per  day 2.00 


Exhibition   for   the   trial  or   test   of   skill   or   strength, 

per  day   

1  xhibition  for  trial  or  test  of  speed  or  endurance  or 

both  speed  and  endurance,  per  day 100.00 

I  eed  and  boarding  stable SI 

Junk  dealers   (Sec,   1092) UK)  im> 

Photographers   ■. I 

Real  estate  agents 

ii«  1  hand  dealers  092) 25.00 

Shooting  gallery  50.00 

Skating  rink    100 

Merchandise  brokers   

Slack  rope  performances,  per  day 10.00 

ghl  of  hand,  or  other  trick  performances,  per  day.      15.00 
Solicitors  of  crayon,  oil  or  other  art  productions,  and 

enlargers  of  portraits  . >r  pictures 50.00 

Sec.    888.      Penalty.      Any    person    violating    an)    of    the 

sions  oi   this  chapter  shall,  upon  conviction  thereof,  be 

punished  bj   a  fine  in  anj   sum  not  exceeding  fifty  dollars 

by  imprisonment   in  the  city  jail  for  a  period  not   longer  than 

thirty  days.     The  courl  may.  in  imposing  a  fine,  enter  as  part 

he  judgment,  thai   in  default   of  the  payment   of  the  fine 
the  defendant  may  be  imprisoned  in  the  citj   jail  for  a  period 
nol  exceeding  thirty  .lays:  provided,  that  nothing  herein  ■ 
tained   shall    be   construed   to   prevent    Salt    Lake   City    from 

vering   the  amount   of  any  license  herein   required   to  be 
paid  in  a  civil  action  brought   for  such  purpose,  as  provided 

•  dinance  of  this  city. 

Sec.   889.      Board   of   equalization.     Meetings.      The   h 

ners  is  hereby  constituted  a  board  of  equali 
for  the  equalization  of  license   rate-      Said  board   shall 
the  authority  to  examine  the  assessment  rolls,  in  ; 
complaints   of   persons,   firm-,   or   corporation  eved   by 

their   license   assessments,   and    to   make   corrections   of   any 
■mch  med    to   be   illegal,    unequal    or   unjust 


768 

Provided,  however,  that  any  corrections  made  by  said  board 
shall  be  entered  in  detail  in  a  record  of  license  abatements 
and  the  members  of  said  board  shall  approve  in  writing  the 
said  entries  before  the  assessor  is  authorized  to  adjust  the 
accounts.  The  said  board  shall  meet  twice  yearly.  The 
first  meeting  shall  be  held  not  later  than  the  second  Mon- 
day in  January  of  each  year,  and  the  said  board  shall 
continue  in  session  from  time  to  time  until  the  business  of 
equalization  is  disposed  of,  but  not  later  than  the  second 
Monday  of  February  of  each  year.  The  second  meeting  shall 
be  held  during  the  month  of  July  of  each  year,  commencing 
not  later  than  the  5th  day  of  July,  and  the  said  board  shall 
continue  in  session  until  the  business  of  equalization  is 
disposed  of.  but  not  later  than  the  31st  day  of  July  of  the 
same  year.  All  complaints  relative  to  assessments  made  to 
the  1st  day  of  January  of  each  year  must  be  presented  to 
the  said  board  within  the  period  of  the  first  meeting  or  be 
forever  barred,  and  all  complaints  relating  to  assessments 
made  subsequent  to  the  1st  day  of  January  must  be  presented 
to  the  said  board  within  the  period  of  the  second  meeting  or 
be  forever  barred. 


769 


CHAPTER   XXXIV. 

MAYOR. 

Section  890.  Salary.  The  mayor  shall  receive  a  salaryof 
Four  thousand  two  hundred  dollars  per  annum,  payable 
monthly,  as  are  the  salaries  of  other  city  officers. 

Sec.  891.    Oath.    Bond.     The  mayor  shall  before  entering 
upon   the   duties  of  his  office   lake  and   subscribe   the   < 
stitutional  oath  of  office  and  give  bond  to  the  city  with  the 
approved   corporate   surety   in    the   sum   "i"   twenty   thousand 
dollars  conditioned  as  required  by  law. 

Sec.    892.      Powers    and    duties.       The    mayor    shall    be 

chairman  of  the  board   of  commissioners       ["he   mayor  shall 

side    at    all    meetings   of   the    board    and    shall    have    the 

right   to  vote  upon   all   questions   coming   before   the   board, 

and  in  case  of  his  absence  or  inability  to  act,  the  members 

present    must,    by    an    order    entered    in    the    records,    select 

one    of    their    men;'  act     as     chairman     temporarily. 

The  mayor  shall   have  no  power  to  veto  any   measure,  but 

every  resolution  or  ordinance  passed  by  the  board  must 

ed  by  the  mayor,  or,  if  absent  from  the  meeting,  by  the 

porary    chairman,    nr    by    two    commissioners,    and    be 

Fore  the  same  shall  be  in  foi 

Sec.   893.     Mayor.      (See    Section    18  p.  3).     Vest- 

ing former  powers  in  board  of  commissioners. 


770 


CHAPTER  XXXV. 
MUNICIPAL   GOVERNMENT,   OFFICERS. 

Section  894.    Government.    The  municipal  government  of 

the  City  of  Salt  Lake  is  vested  in  the  board  of  five  com- 
missioners, consisting  of  a  mayor  and  four  commissioners. 
1  he  board  of  commissioners  shall  discharge,  exercise  and 
have  all  the  duties,  powers  and  privileges,  as  are  now  or 
may  hereafter  be  provided  by  law.  and  are  now  or  may 
be  hereafter  vested  jointly  or  severally  in  the  mayor  and 
city  council,  and  shall  have  all  the  rights,  duties,  powers 
and  privileges  as  may  hereafter  be  provided  by  law,  for 
boards  of  commissioners.  The  board  of  commissioners  of 
Salt  Lake  City  shall  be  successors  in  office  of  the  mayor  and 
city  councilmen  of  said  city,  and  shall  have,  possess,  exercise 
all  executive,  administrative  and  legislative  powers  and 
duties  heretofore  had,  possessed  and  exercised  by  the  mayor, 
city  council  and  board  of  public  works,  in  Salt   Lake  City. 

The  executive  and  administrative  powers,  authority  and 
duties  shall  be  distributed  into  and  among  five  departments, 
as  follows: 

1.  Department  of  public  affairs  and  finance. 

2.  Department  of  water  supply  and  water  works. 

3.  Department  of  public  safety. 

4.  Department  of  streets  and  public  improvements. 

5.  Department  of  parks  and  public  property. 

The  board  of  commissioners  shall,  by  a  majority  vote, 
designate  one  commissioner  to  be  superintendent  of  each 
of  the  said  departments,  but  when  it  appears  that  the  public 
service  shall  be  benefited  thereby,  such  designation  shall  be 
changed,  it  shall  determine  the  powers  and  duties  to  be  per- 
formed by  the  commissioners  of  departments  and  of  all 
officers  and  employers,  it  may  assign  anv  particular  member, 


771 

in  duties  of  two  or  more  depart- 
ments  and  maj  make  such  other  rules  and  regulations  as 
may  be  necessary  and  proper  for  the  efficient  and  economi- 
cal conduct  of  the  business  of  the  city, 

Sec.  895.  Elective  officers.  Terms.  The  mayor,  com- 
misioners  and  auditor  shall  be  qualified  voters  within  the 
city,  and  shall  be  chosen  by  the  qualified  voters  of  said  city. 

In  the  year  1911,  the  mayor,  four  commissioners  and 
an    auditor   shall    be   elected   at    large,   the    mayor   and    two 

sioners  shall  be  elected  for  a  term  of  four  y 
and  two  of  said  commissioners  and  the  auditor  shall  1"' 
elected  for  t\\"  years,  and  biennially  thereafter  '; 
shall  be  elected  an  auditor  for  the  term  of  two  years,  and 
two  commissioners  for  a  term  of  four  year-  each,  and  quad- 
rennially thereafter  there  -hall  be  elected  a  mayor  for  the 
term  of  four  years. 

All  elective  municipal  officers  shall  continue  in  office 
for   their  respective   term-  and   until    their   SUi  shall    be 

d  .md  qualified 

Sec.  896.     Meetings.     The   board  of  commissioners   shall 
east  four  public  meetings  a  week,  one  of  which  shall 
be   held   in   the  evening.     Special   meetings   may  be 
by  a  majority  of  the  board  or  by  the  may  mporary 

chairman   thereof.     The  order  must   be  signed  by  the   ment- 
or mayor  or  chairman  calling  SUi  :  ing,  and  must  Ik- 
mi   the   mini--             the   hoard.      Not    less    than    three 
hours'  n                        i  special   meeting  by  the 
h    member    i             ning    in    the    order,    said 
notice  to  b(                       sonally  or  left   at   his   usual   plao 
le,     All  meetings               board  to  which  any  person  n 
Imitted,  must  be  public.     Thi 
and  accounts  must  be  kept  at   tl  ■               of  the  rdcr 
and                                         during                                              ihlic 
inspection 


772 

Sec.  897.  Rules  and  regulations.  The  board  of  com- 
missioners shall  have  power  to  make  and  enforce  such  rules 
and  regulations  for  the  government  of  the  board,  the  preser- 
vation of  order  and  the  transaction  of  business  as  may  be 
necessary. 

Sec.  898.     Commissioner  of  Public  Affairs  and  Finance. 

That  the  superintendent  of  the  department  of  public  affairs 
and  finance  shall  hereafter  be  known  and  designated 
as  the  commissioner  of  public  affairs  and  finance,  and 
that  the  title  "'commissioner  of  public  affairs  and  finance" 
be  and  it  is  hereby  adopted  as  the  official  title  of  the 
superintendent  of  the  department  of  public  affairs  and 
finance. 

Sec.  899.  Commissioner  of  Water  Supply  and  Water- 
works. That  the  superintendent  of  the  department  of 
water  supply  and  waterworks  shall  hereafter  be  known  and 
designated  as  the  commissioner  of  water  supply  and  water- 
works, and  that  the  title  "commissioner  of  water  supply 
and  waterworks"  be  and  it  is  hereby  adopted  as  the  official 
title  of  the  superintendent  of  the  department  of  water  supply 
and  waterworks. 

Sec.  900.  Commissioner  of  Public  Safety.  That  the 
superintendent  of  the  department  of  public  safety  shall  here- 
after be  known  and  designated  as  the  commissioner  of  public 
safety,  and  that  the  title  ''commissioner  of  public  safety" 
be  and  it  is  hereby  adopted  as  the  official  title  of  the  superin- 
tendent   of   the   department    of   public    safety. 

Sec.  901.  Commissioner  of  Streets  and  Public  Im- 
provements. That  the  superintendent  of  the  department  of 
streets  and  public  improvements  shall  hereafter  be  known 
and  designated  as  the  commissioner  of  streets  and  public 
improvements,  and  that  the  title  "commissioner  of  streets 
and    public    improvements"   be   and    it    is    hereby    adopted   as 


773 

the  official  title  of  the  superintendent  of  the  department 
and    public   improvemenl 

Sec.  902.  Commissioner  of  Parks  and  Public  Property. 
That  the  superintendent  of  the  department  of  parks  and 
public    property    shall    hereafter    be    known    and    design; 

the  commissioner  of  parks  and  public  property,  and 
that  the  title  "commissioner  of  parks  and  public  property" 
be   and    it    is    hereby    adopted    as    the    official    title    of    the 

erintendent  of  the  department  of  parks  and  public 
■rty. 

Sec.  903.     Powers  of  Commissioners.      The   superintend 
ach  "t'  the  statutory  departments,  shall  have  in  such 
department,   sole    executive   and    administrative    powers   and 
authority,    and    shall,    under   the   direction    of   the   board    of 
comi  ■-.    have    charge    and    control    of    each    of    the 

Subordinate     departments     as     classified     and     distributed     by 

lution     of     the     board     of    commissioners     dulj     passed 

■  mi>    12,  1912. 

Sec.  904.  Reports,  etc.  The  superintendent  shall  be 
msible  to  the  board  of  commissioners  for  the  pro 
conduct  of  each  department  under  his  supervision,  and  shall 
reporl  in  detail,  it  required  and  a<  often  as  required,  t<>  the 
rd  of  commissioners,  the  state  "i"  affairs  in  and  the 
condition  •>('  hi-  department  and  of  each  subordinate  de- 
partment   under    hi<    jurisdiction. 

Sec.  90S.     Recommendations,  appointments,  expenditures, 

etc.     The  superintendent  of  each  statutory  department   shall 

mmend  t"  the  board  of  commissioners  for  appointment  or 

all    officers,    assistants,    deputies,    clerk-,    and 

employes,  now,  "r  who  may  hereafter  1"-  provided  by  lav 

ordinam  -    may   be   necessary   for   the   proper   cond 

and  ch   such   department  in    subordi- 

partment    under    his    supervision:    *  that    the 


774 

board  of  commissioners,  as  provided  by  statute,  reserves  the 
right  to  determine  the  powers  and  duties  to  be  performed  by 
superintendents  of  departments,  and  all  officers  and  employes 
in  each  department  or  subordinate  department  of  the  city 
government,  and  the  right  to  assign  any  particular  member, 
officer  or  employe  to  one  or  more  of  the  departments,  and 
require  a  member,  officer,  or  employe  to  perform  duties  in 
two  or  more  departments,  and  to  make  such  rules  and  regu- 
lations as  it  may  deem  necessary  or  proper  for  the  efficient 
and  economical  conduct  of  the  business  of  the  city;  provided 
further,  that  before  any  person  shall  be  appointed  or  em- 
ployed, his  appointment  or  employment  shall  be  confirmed 
by  the  board  of  commissioners  :  said  board,  however,  may,  in 
its  discretion,  ratify  any  previous  appointment  or  employ- 
ment; provided  further,  that  no  liability  against  Salt  Lake 
City  in  excess  of  one  hundred  and  fifty  ($150.00)  dollars  shall 
be  created  by  the  superintendent  of  any  statutory  depart- 
ment without  the  sanction  of  the  board  of  commissioners 
first  had  and  obtained  :  and.  provided  further,  that  when  urgent 
immediate  necessity  exists  therefor,  the  superintendent  of 
each  statutory  department  shall  have  power  to  employ 
temporarily  sufficient  help  or  assistance  to  relieve  the  exist- 
ing necessity,  and  he  shall  at  the  next  meeting  of  the  board 
of  commissioners,  or  as  soon  thereafter  as  practicable,  submit 
a  statement  of  his  acts  and  doings  in  the  premises  and  his 
reasons  for  creating  such  liability.  Except  as  herein  pro- 
vided, no  person  other  than  the  board  of  commissioners  shall 
create  any  liability  against   the   city. 

Sec.  906.  Duties.  The  superintendents  shall  perform 
such  other  duties  in  their  several  departments  as  are  or 
may  be  provided  by  law  or  ordinance. 

Sec.  907.  Appointive  officers.  The  board  of  commis- 
sioners shall  appoint  a  qualified  person  to  each  of  the  offices 
of  city  recorder,  city  treasurer,  and  city  attorney,  each 
of    whom    shall    have    powers    and    perform    such    duties    as 


arc  now  provided  b)  law  For  such  officers,  and  the  board  may 

te  any  other  office  thai  may  be  deemed  n< 
for  the  good  governmenl  of  the  city,  and  regulate  and 
prescribe  the  powers  and  duties  and  compensation  ol  all 
officers  of  the  city,  except  as  otherwise  provided  by  law. 
The  board  may  appoint  all  such  officers  and  agents  as  may 
be  provided  by  law  or  ordinance,  and  fill  all  vacari 
irring   therein. 

Sec.    908.       Appointive     officers.       Terms.        Excep 
otherwise    provided    by    law.    the    term  appoin 

officers  .--hall  In-  until   the  municipal   election  next    following 
their     appointment,     and     until     their     succes  ire     duly 

appointed  and  qualified,  unless  sooner  removed  by  the  board 
of  commissioners 

Sec.    909.      Salaries,   elective   officers.      The    mayor    -hall 
lar}    "i'   four   thousand    two  hundred    dollars 
year.      Each    member   of    the    board    ■■!    commissioners    shall 
receive  a   salarj    of  three  thousand   six   hundred   dollars 
year.     The   auditor   shall    receive   a   salary   of   two   thousand 
four    hundred    dollars    per    year,    which    compensation    shall 

be   increased   or   diminished    during   the    term    for    which 
each  was  elected. 

Sec.    910.      Salaries,   appointive   officers.      All    other   offi 
shall    receive   such    compensation   as    may    he   fixe.: 
ordinance.       The    compensation    of    all    officers    of    the 
shall  he  payable  monthly  out  of  the  city  treasur 


776 


CHAPTER  XXXVI. 

MUNICIPAL    WARDS. 

Section  911.  Division  and  number  of  wards.  The  terri- 
tory embraced  within  the  corporate  limits  of  Salt  Lake  City 
shall  be,  and  the  same  is  hereby  divided  into  five  municipal 
wards,  bounded  and  described  as  herein  set  forth : 

Sec.  912.  First  municipal  ward.  All  that  portion  of  the 
city  lying  south  of  the  center  line  of  Third  South  street 
east  of  the  center  line  of  East  Temple  street. 

Sec.  913.  Second  municipal  ward.  All  that  portion 
of  the  city  lying  south  of  the  center  line  of  South  Temple 
street  west  of  the  center  line  of  East  Temple  street. 

Sec.  914.  Third  municipal  ward.  All  that  portion  of 
the  city  lying  north  of  the  center  line  of  South  Temple 
street  west  of  the  following  described  line :  Beginning  at 
the  intersection  of  South  Temple  and  East  Temple  streets, 
thence  north  along  East  Temple  street  to  the  intersection 
of  Second  Xorth  street :  thence  east  on  a  line  through  the 
center  of  Second  Xorth  street  to  the  center  of  the  bed  of 
City  Creek ;  thence  north  to  the  northern  boundary  of  the 
city. 

Sec.  915.  Fourth  municipal  ward.  All  that  portion  of 
the  city  lying  north  of  the  center  line  of  South  Temple 
street  east  of  the  following  described  line :  Beginning  at 
the  intersection  of  South  Temple  and  East  Temple  streets : 
thence  north  along  East  Temple  street  to  the  intersection 
of  Second  North  street ;  thence  east  on  a  line  through  the 
center  of  Second  Xorth  street  to  the  center  of  the  bed  of 
City  Creek:  thence  north  to  the  northern  boundary  of  the 
city. 


777 

Sec.  916.  Fifth  Municipal  ward.  All  that  portion  of 
the  city  lying  between  the  center  lines  of  South  Temple  and 
Third  South  streets  east   of  the  center  line  of   Easl   Temple 

street. 


778 


CHAPTER    XXXVII. 

(  ),\THS.     BONDS. 

Section  917.  Oath.  Bond.  All  officers  of  Salt  Lake  City, 
whether  elected  or  appointed,  shall,  before  they  enter  upon 
the  duties  of  their  respective  offices,  take  and  subscribe  the 
constitutional  oath  of  office,  and  every  such  officer  shall, 
before  entering  upon  the  duties  of  his  office,  execute  a 
bond  with  good  and  sufficient  sureties  to  be  approved  by  the 
board  of  commissioners,  payable  to  the  city  in  such  penal  sum 
as  may,  by  resolution  or  ordinance,  be  directed,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  and  the 
payment  of  all  moneys  received  bv  such  officer  according  to 
law  and  the  ordinances  of  said  city ;  provided,  that  the  bond 
of  the  mayor  shall  be  approved  by  the  board  of  commis- 
sioners: provided,  further,  that  the  treasurer's  bond  shall  be 
fixed  at  a  sum  not  less  than  $250,000;  provided,  further,  that 
the  mayor  and  each  commissioner  shall  give  a  penal  bond 
with  approved  corporate  surety  in  the  sum  of  $20,000,  and  the 
auditor  shall  give  a  penal  bond  with  approved  corporate 
surety  in  the  sum  of  $20,000.  conditioned  as  above,  to  be  filed 
with  the  recorder  and  approved  by  the  board  of  commissioners 
and  that  the  bond  of  all  other  officers  shall  be  filed  with 
the  recorder  and  approved  by  the  board  of  commissioners. 
The  premium  charged  by  corporate  surety  for  any  official 
bond  shall  be  a  legal  charge  against  the  funds  of  the  citv. 

Sec.  918.  Additional  bonds.  The  board  of  commis- 
sioners may  at  any  time  require  further  and  additional 
bonds  of  any  or  all  officers  elected  and  appointed.  All  bonds 
given  by  the  officers  of  the  city,  except  as  otherwise  pro- 
vided by  law,  shall  be  filed  with  the  recorder,  except  the 
bund  of  the  recorder,  which  shall  be  filed  with  the 
treasurer. 

Unless  otherwise  provided  by  law  or  ordinance,  every 
officer  required  to  furnish  a  bond  shall  give  bond  to  Salt 
Lake  Citv  in  the  amount  of  one  thousand  dollars. 


779 


CHAPTER  XXXVIII. 
RKS     \\n    PUBLIC    GROUNDS 

Section  919.    Ii  shall  be  unlawful  for  any  person  to  do  pi 

suffer   or   permit    to    be   done    any   of    the    acts    hereinafter 

m   any   public   park   or  play    ground    in    Salt    Lake 

m    any    place    now,    or    which    may    hereafter    be 

sed  as  a  public  park  or  play  ground,  to  wit: 

1.      I-   lead   or   let    loose   any   cattle,   horse,   mule,   goat, 

;wine,  dogs  or  fowl  of  any  kind. 

carry    or    discharge    any    firearms,    firecrackers, 
rocki  rpedoes,    powder,    or    any    other    fireworks    or 

■  tn .   break,   injure,   d •    disturb   any   trei 

shnil).    plant,    rock    building,    cage,    pen,    monument,    fence. 
ther    structure,    apparatus    or    property;    or    to 
pluck,  pull  up,  cut,  take  or  remove  any  shrub,  bush,  plant. 
lark,    or    write    upon    am     building,    monu 
fence,  bench  or  other  structure. 
4.     To  cut  or  remove  any  wood,  turf,  grass,   soil,   rock, 
sand  •  >r  gravel. 

stribute  any  hand-hills,  or  circulars,  or  t"  post, 
ny  bills,  notice,  paper,  or  advertising  device 
•   any   kind. 

swim,  bathe  or  wade  in  the  waters  of  any  foun 
tain,  pond,  '  stream  not   >et   aside  for  the  purpose  of 

lathing,  "r  wading,  or  pollute  the  water-  of  any 
nd.  lake  ■    am. 

•    kindle  a   fire   for   any   purposi 
'lM'   therein 
drive   any   1;    •  "ther   animal,  or  to 

ny  vehii  i    automobile  elsewhere  than   on 

Is   or  drives   provided    for   such   purpose,   and   never 
on  t> 


780 

10.  To  engage  in  fighting  or  indulge  in  riotous,  boister- 
ous, threatening,  or  indecent  conduct,  or  to  use  any  abusive, 
threatening,  profane  or  indecent  language. 

11.  To  sell  or  offer  for  sale,  any  merchandise,  article 
or  thing  whatsoever,  without  the  written  consent  of  the 
commissioner  of  parks  and  public  property ;  within  any 
park  or  play  ground  oi  within  a  distance  of  60  feet  from 
the  boundary  line  of  any  public  park  or  play  ground. 

12.  To  hitch  or  fasten  any  horse  or  other  animal  to 
any  tree  or  any  other  place  or  structure  not  specially  desig- 
nated and  provided  for  such  purpose. 

13.  To  ride  or  drive  any  animal  or  vehicle  at  a  rate  of 
speed   exceeding  fifteen   miles  per   hour. 

14.  To  ride  or  drive  any  horse  or  animal  not  well 
broken  and  under  perfect  control  of  the  driver. 

15.  To  play  or  bet  at  or  against  any  game  which  is 
played,  conducted,  dealt  or  carried  on  with  cards,  dice,  slot 
machine,  wheels  or  other  device,  for  money,  chips, 
credit,  cigars,  candy,  merchandise,  or  any  other  thing  repre- 
sentative of  value,  or  to  maintain  or  exhibit  any  cards,  dice, 
table,  wheel,  machine  or  other  instrument  or  device  for 
betting,  gambling  or  gaming. 

16.  To  practice,  carry  on,  conduct  or  solicit  for  any 
trade,  occupation,  business  or  profession,  without  the  written 
permission  of  the  commissioner  of  parks  and  public  property. 

17.  To  play  or  engage  in  any  game,  excepting  at  such 
place  as  shall  be  specially  set  apart  for  that  purpose. 

IS.  To  drive  or  have  any  dray,  truck,  wagon,  cart, 
perambulator  or  other  traffic  vehicle,  carrying  or  regularly 
used  or  emploved  in  carrying  goods,  merchandise,  lumber, 
machinery,  oil,  manure,  dirt,  sand,  or  soil,  or  any  article 
of  trade  or  commerce,  or  any  offensive  article  or  material 
whatsoever  upon  any  road  or  drive,  except  such  as  may 
be  specially  provided  or  designated  for  such  use. 

19.  To  throw  or  deposit  any  bottles,  tin  or  tin  cans, 
broken  glass,  nails,  tacks,  crockery,  wire,  paper,  clothes,  scrap 


78] 

or  sheet  iron,  boxes,  boards,  lumber  or  stone,  or  anj   rubbish 
i  ir  garbage. 

20.  To  conduct  or  carry  on  am   celebration,  parade,  ser 
vice,    speech    making    or    exercise,    withoul     Firsl    obtaining 
permission     from     the    commissioner    of     parks     and     public 
propertj  .  or  to  take  part  in  any  celebration,  parade,  speech 
making  or  exercise  held   or  conducted   contrary   to  the  pro 

\  isions  herei  if. 

21.  To  suffer  or  permit  any  dog  to  enter  or  remain  in 
a  public  park  or  plaj  ground,  unless  it  be  led  by  a  leash 
of   suitable"    strength,   not    more    than    >i\    feet    in    length. 

22  !-"or  any  male  person  over  eight  years  of  age  to 
enter  or  use  any  water  closel  designated  for  women  in  a 
public   park  or   play   ground. 

23.  To  hunt  or  fish  at  any  park  or  public  grounds. 

24.  To  annoy,  injure,  release  from  confinement,  or  in 
any  manner  interfere  with  any  swan.  duck,  goose,  bird  or 
animal,  the   propertj    of   the   city. 

Sec.  920.  Penalty.  \n\  person  violating  any  of  the 
provisions  of  thi>  ordinance  shall,  upon  conviction  thereof. 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  day--.  The  eomt  may.  in  imposing  a  fine,  enter 
,i~  a  pan  of  the  judgment,  that  in  default  of  the  paymenl 
of  the  fine  the  defendant  may  he  imprisoned  in  the  city 
jail   for  a  period  not   exceeding  thirty   days. 


60 


782 


CHAPTER   XXXIX. 

PAWNBROKERS.     SALARY    LOAN    AGENCIES. 

Section  921.  Defined.  Any  person  within  the  City  of 
Salt  Lake  who  loans  money  mi  deposil  of  personal  property, 
or  ileals  in  the  purchase  or  possession  of  personal  property 
i  in  condition  of  selling  the  same  back  again  to  the  pledgor  or 
depositor,  or  who  loans  or  advances  money  on  personal 
property  by  taking  chattel  mortgage  security  thereon,  and 
takes  "i-  receives  such  personal  property  into  his  possession, 
is  hereby  declared  to  be  a  pawnbroker. 

Sec.  922.  Ordinances  posted.  It  shall  be  unlawful  for 
any  person  to  conduct  or  transact  a  pawnbroking  business 
unless  he  shall  keep  posted  in  a  conspicuous  place  in  his 
place  of  business  a  copy  of  all  ordinances  relating  to 
pawnbn  >kers. 

Sec.  923.  Right  to  redeem  forfeited  articles.  It  shall  be 
unlawful,  in  all  cases,  in  which  articles  pledged  have  been  for- 
feited, for  a  sale  or  other  disposition  thereof  to  be  made  by  the 
pledgee  within  the  period  of  three  months  after  such  for- 
feiture; during  such  time  the  pledgor  shall  have  the  first 
rio-ht  to  redeem  such  articles  at  no  greater  advance  than  ten 
per  cent  upon  the  amount  due  when  the  forfeiture  occurred. 

Sec.   924.     Pawnbroker   shall   keep  descriptive   book.      It 

shall  be  unlawful  for  any  pawnbroker  to  fail  to  keep  a  book 
in  which  shall  be  legibly  written  in  ink.  in  the  English 
language,  at  the  time  of  each  loan  or  receipt  of  personal 
property,  an  accurate  account  and  description  of  the  goods, 
articles  or  thing  pawned  or  received,  the  amount  of  money 
loaned  or  advanced  thereon,  the  time,  both  day  and  hour, 
of  pawning  or  receiving  such  goods,  article  or  thing,  and  the 


■  •  and  residence  of  the  person  pawning  01  delivering  the 
said  goods,  article  or  thing;  and  no  entry  made  in  said 
book   shall   be   i  ibliterated   >>r   defaced,   and    the   said 

-   well  as  ever)   article  or  thing  pawned,  pledged  or 
hall    .n    all    reasonable    times    be    open    to    the 
in-'  •  any  police  officei1. 

Sec.   925.     Report  to  chief  of  police.      It   shall   be  unlaw 
ful  for  any  pawnbroker  to  Fail  to  make  out  and  deliver  to 
chief  of  police  once  each   week,  a  legible  and  accurate  o 
from  the  record  required  t"  be  kept  by  Section   .... 

Sec.    926.      Dealing   with    drunkards,    thieves,    insane    or 

minors.     It   shall  be  unlawful  for  any  pawnbroker  to  reci 

anj  or    things   in    pawn    or   pledge    from    a 

i-    intoxicated    or    known    to    be    an    habitual 

drunkard,   a   thief  or  an   insane   person,   or   a   person   under 

i   twenty  '>iK'  \  ■ 

Sec.    927.       Employees.       It    shall    be    unlawful    i"<  >r    am 
employ  any  clerk  or  person  under  the  age  of 
any  pledge  or  make  any  loan 

Sec.   928.      Hours.      U    shall   be   unlawful    for   any    pawn 

brol  eive  any  g N  bj  \\a\  of  pawn  or  pledge  before 

en    o'clock    in    the    morning,   or    after    nine 

■  k  in  the  evening,  "r  on  Sunday. 

Sec.  929.     Liability  of  principal.     The  holdi  a  pawn 

is    liable    i". >r   any    and    all    acts   of    hi-    em 
ii  ilation    l>\     them    of    any    of    t i  « - 

■ 

Sec.    930.      Salary    Loan    Agencies,     etc.  Salary     loan 

ntemplated    in    this    ordinance,  shall    be    any 

■n.    firm                      ition    engaging    in  iness    of 

n\    money,    or    cheek-  or    draft    for 


784 

monev  upon  any  assignment  or  pledge  of  earned  or  unearned 
salary,  wages  or  earnings,  or  the  business  of  loaning  or 
advancing  any  money  or  check  or  draft  for  money  upon  any 
contract,  undertaking  or  agreement,  which  in  substance  and 
effect  assigns,  pledges  or  binds  the  earned  or  unearned 
salary,  wages  or  earnings  of  the  borrower  as  security  for 
such  loan  or  advancement. 

Sec.  931.  Id.  License.  Every  person  applying  for  a  license 
as  a  salary  loan  agency  shall,  before  receiving  such  license,  pay 
into  the  city  treasury  a  license  tax  of  $250.00  per  annum, 
and  shall,  before  receiving  such  license,  enter  into  a  joint 
and  several  bond  with  corporate  or  other  surety,  to  be 
approved  by  the  board  of  commissioners,  in  the  penal  sum  of 
$1,000.00,  conditioned  for  the  faithful  observance  of  all  laws 
and  ordinances  respecting  salary  loan  agencies. 

Sec.  932.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter  as 
a  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  may  be  imprisoned  in  the  city  jail 
for  a  period  not  exceeding  thirty  days. 

Pawnbroker's  License  Bond.     Sec.  869. 


785 


CHAPTER    XL. 

PLUMBING  DEPARTMENT. 

Section  933.     Plumbing  department.     Officers.     There  is 
hen  ted  and  established  in  and   for  Salt    Lake  I  it)    a 

department  of  plumbing  and  the  office  of  plumbing  inspector 
and  deputy  plumbing  inspector. 

Sec.  934.     Officers.     Appointment.     Compensation.     The 

imissioners  may  appoint   a  plumbing  inspector, 

who  shall  be  a  practical  plumber  and  who  shall   receive  an 

annual   salarj    "i   thirteen   hundred   and   eighty   dollars,   also 

leput)     plumbing    inspector,    who    shall     be    a    practical 

plumber,  and   who  shall   receive  an  annual   salary   of  twelve 

hundred    dollars.      The    hoard    may   also    appoint    a    stenog- 

in  the  department  of  plumbing,  who  shall  receive  an 

anni  seven    hundred    and    twentj    dollars,    said 

be  payable  monthly  as  are  the  salaries  of  other 

-   and  emplo)  I  - 

Sec.  935.     Oath.     Bond.     The   plumbing   inspector   and 

deputy    plumbing    inspector    shall,    each,    before    the) 

upon   the  duties   of  their   respective  offices,   lake  and 

institutional    oath    of    office    and     execute    a 

ith   ^ I   and   sufficient   sureties   to   be   approved   b) 

mmissioners,  payable  to  the  city  in  the  sum 
nd    dollar-,    conditioned    for    the     faithful    per 
the   duties  of   their   respective   offices   and   the 
eived   a-   such   officers   according 
of  the  city. 

Sec.  936.      Duties.      Powers.      It   shall   he   the  duty   of   the 

tore,-  and   carry   into  effect    the   laws 

\   relating  to  the  installation 


786 

and  maintenance  of  plumbing  and  drains  connected  with  the 
public  sewer  system,  to  issue  permits  for  and  inspect  all 
plumbing  and  drains  heretofore  or  hereafter  installed,  to 
the  end  that  the  same  shall  be  properly  installed  and  con- 
tinuously maintained  in  a  sanitary  condition, -and  to  perform 
>uch  other  duties  as  may  be  prescribed  by  law  or  ordinance. 
The  plumbing  inspector  shall,  in  the  performance  of 
his  official  duties,  have  power  to  examine  any  building  in 
which  plumbing  fixtures  are  installed  and  to  condemn  and 
order  removed  any  plumbing  found  unsanitary  and  not 
in  compliance  with  the  provisions  of  this  ordinance.  When, 
upon  examination,  any  plumbing  or  connections  thereto  in 
any  building  or  other  structure  shall  be  adjudged  danger- 
ous to  life  or  health  by  the  board  of  health  of  Salt  Lake 
City,  upon  receipt  of  such  notice,  the  plumbing  inspector 
shall  immediately  notify  the  owner  of  such  building  or 
structure,  or  his  agent  or  the  occupant  thereof,  to  have  the 
same  removed  or  repaired  within  ten  days  thereafter,  and 
if  the  owner,  agenl  or  occupant  neglects  or  fails  so  to  do  he 
shall    be   deemed   guilty   of   violation   of   this   ordinance. 

Sec.  937.  All  applications  made  for  water,  or  to  connect 
witli  the  waterworks  system  shall  be  furnished  daily  by  the  l  >e- 
partment  of  Water  Supply  and  Waterworks  to  the  Plumbing 
Inspector. 

Sec.  938.  Permits.  Revocation.  Xo  permit  for  plumb- 
ing work  shall  be  i-sued  by  the  plumbing  inspector  to  any 
person   other   than    a   duly   licensed   plumber;   and   the    board 

of  commissioners  may  at  any  time  revoke  or  refuse  a  permit 
for  unsanitary   installation,  defective   work   or  other  cause. 

Sec.  939.  Fees  for  each  permit  to  do  plumbing 
work.  The  plumbing  inspector  shall  collect  a  minimum  fee 
of  one  dollar  for  the  first  four  fixtures  or  less,  and  for  each 
additional    fixture,    twenty-five    cent--.      For    tin-    purpose    <  >f 


787 

tlii-  ordinance,  ;i  plumbing  fixture  is  defined  to  be  anything 
which  requires  sealing  and  venting 

If.   after    written    notice    that    any    plumbing    is    read) 

for    inspection,    final   or   otherwise,    the    plumbing    inspector 

the   place   designated    for    the    purpose    of    making 

inspection  and   finds  the   work  installed   not   ready   for 

inspection,   he   shall   collect   an   additional    fee   of  "tie  dollar 

t< >r  making  each  addil  ispection. 

In  all  cases  where  plumbing  work  shall  have  been  finally 
inspected,  the  plumbing  inspector  shall  issue  to  the  applicant 
rtificate  of   final    inspection. 

Sec.  940.     Plumbing  rules.      The  discretion  of  the  plumb- 
■   in  approving  or  accepting  work  as  provided  in 
chapter   shall    be    limited    by    the    following   rules,   and 
hall  be  unlawful  for  any  person  to  construct  any  plui 

'.   in   any   manner   not    in   accordance    with   such    rule-. 

Rule     \.     No    plumbing    work    shall    be    beg^un    without 
taining  a  permit   therefor.     Every   building  in   which 
pint  ngements   are   constructed    shall    be   conn. 

x,    where    such    -ewer    i-    provided,    and 
not   provided,   with   a  pool   in  a  location   and 

ipproved  by  the  plumbing  inspector, 
•lumber,  loing  plumbing  work  on   any   build- 

ing any  additions  to  old  work,  excepting 
lefined    to    o  of    mending 

n    drain,   soil,   waste   and    venl    pipes,   and    repairs 

tnd   water   supply   pipes,  and   of   forcing   out 

ing     water    closet    bowls,    or    metal 

rubber    plug     basin     howl-,    or    opening      soil    or 

remove    an    obstruction),    shall    obtain    a 

id  plumbing  inspector,  to  do 

•hat    in   buildings    which    are   condemned    by 

or   plumbing    inspectoi  of   un- 

ndition,    no    plumbing    shall    l>e    considered    as 

repair-,    but    all    plumbing    shall 


788 

be   done   as   in    the   case   of   new   buildings.      All    work   shall 
be  subject  to  inspection. 

A  duplicate  copy  of  permit  must  be  placed  in  a  conspicu- 
ous place  in  building  where  plumbing  is  to  be  installed. 

Under  no  circumstances  shall  any  mechanic  doing  the 
work  of  plumbing  or  house  draining,  or  any  employe  of  such 
mechanic,  act  as  the  agent  of  the  plumbing  inspector  to 
perform   the  duties  prescribed  in  this  ordinance. 

Rule  P>.  All  pipes  from  the  sewer  to  the  top  of  the 
soil  pipe,  which  must  be  carried  to  a  point  at  least  eighteen 
inches  through  the  roof,  shall  be  fully  four  inches  in  interior 
diameter  at  every  point,  and  no  vent  pipe  shall  terminate 
nearer  than  two  feet  above  any  door  or  window  opening. 

Rule  C.  No  trap  or  any  manner  of  obstruction  to  the 
free  flow  of  air  through  the  whole  course  of  the  drain  and 
soil  pipe  shall  be  allowed,  and  any  plumber  who  shall, 
directly  or  indirectly,  place  or  make  any  trap,  contraction 
or  other  obstacle  anywhere  in  the  course  of  such  drain  or 
soil  pipe,  shall,  in  addition  to  the  penalty  herein  prescribed, 
forfeit  his  license,  and  shall  be  ineligible  to  relicense  for 
one  year.  Any  other  person  violating  this  rule  shall  be 
subject  to  the  penalties  of  this  chapter  and  shall  in  addition 
pay  the  cost  of  rectifying  the   wrong  done. 

Rule  D.  Every  sink,  urinal,  water  closet,  bath  tub, 
basin  or  other  fixture  shall  be  separately  trapped  as  near 
the  fixture  as  possible,  and  all  greasy  flow  from  hotels, 
boarding  houses,  restaurants  and  public  kitchens,  or  other 
similar  establishments,  shall  lie  caused  to  pass  through  a 
grease  trap,  which  grease  trap  must  be  constructed  in  a 
manner,  position  and  size  to  be  approved  by  the  plumbing 
inspector,  and  from  every  such  grease  trap  a  one  and  one- 
half-inch  pipe  must  be  run  through  the  roof  as  provided  for 
vent  pipes. 

Rule  E.  All  plumbing  fixtures  and  traps  must  be  of  a 
kind  and  quality  to  be  approved  by   the  plumbing  inspector. 

Rule  F.  Xo  water  closet  will  be  allowed  in  an  un- 
ventilated    room    or    compartment,    or    in    a    sleeping    room; 


789 

in  every  case  the  room   or  compartment   in   which   a   water 
-   placed   shall   have  direct   communication    with   the 

outer  ,iir  l>\    mean-  of  a  window    not  less  than   l_'\li>  inches, 
,ir   duct   or   shaft;   and    in    ever)    case    the   location   ;m<l 
means  of  ventilation  of  closel   rooms  shall  be  satisfactory  to 
the  plumbing  inspector. 

\..   wash-out   water   closel    shall   be   allowed   in   an) 
building.      Hopper  ma)     be    used    as    anti-freezing 

but   onl)    when   installed   in   separate  buildings,   and 
with  brick  "r  cement  vaults  at  least  three  feet  square. 

n    trap    which    is   so   situated   as   to   be   subject 
ge  b)    momentum  >>r  suction   shall   be  of  a  kind 
that    cannot    have   its   seal   broken    b)    siphonage,   and   shall 
•  ented. 

\\\  soil  ami  drain  pipes  and  fittings  (unless  otherwise 

provided  in  t hi-  chapter)  shall  Ik-  of  standard  weight  wroughl 

iron,    galvanized,    "r   of    cast    iron    of    the    grade    known    to 

is   extra    heavy,    and    shall    he   of   the    following 

per  linear  foot;  2-inch,  5'..  pound-  per  Eoot;  4-inch. 

per  foot;  5-inch.   17  pounds  per   i""t  :  6-inch,  -?<> 

and  -hall  be  carried  full  size  up  through  the 

H    leasl     is    inches    through    the    roof    and    left 

witl  or  bend.    Standard  soil  pipe  may  be  used  above 

Irainage    fitting   in    the    stack:    and    in    case    of 

nnection,  at  least  a  2-inch  pipe  must  extend  from 

up  through  tlu-  roof. 

ixture    -hall    he    trapped    by    having   it-    nutlet 

I   with   the  trap  "i'  another   fixture. 

Mo  connection  -hall  he  made  at   any  part  of  the  house 

item    with    roof   gutters   or  any   other   channel    for 

of   rain    water,   save   that    plumbing  fixtures 

ipplied     from     tank-    constructed     to     -tore     rain 

r  -uch  purp 

•     be    a-    direct    a-    possible,    and    shall 

rrangi  !    that    they    may    at    all    times    be    readily 

ired       Before    the    fixture-    are    placed 

■  drain,  soil,  waste  and   vent   pipes  shall 


790 

be  hermetically  sealed,  the  pipes  shall  then  he  filled  with 
water  to  the  top.  and  every  joint  shall  be  examined  for  leak- 
age, and  all  leaks  shall  be  securely  closed:  except  that  in 
case  '>i  inspection  of  plumbing  already  existing,  the  pepper- 
mint or  smoke  test  may  be  substituted  by  the  plumbing 
inspector. 

g.  The  joints  of  all  pipes,  except  where  screw  joints 
are  used,  shall  be  made  with  an  oakum  gasket  and  sofl 
lead,    thoroughly    calked. 

h.  All  vent  pipes  and  fittings  shall  be  of  galvanized 
iron  or  of  cast  iron;  and,  if  of  cast  iron,  it  shall  be  of  the 
grade  known  to  commerce  as  standard,  and  all  fittings  used 
with  such  pipe  shall  correspond  with  it  in  weight  and  quality, 
and  all  cast  iron  pipe  and  fittings  shall  be  coated  inside  and 
outside  with  coal  tar  pitch  varnish. 

i.  All  drain  and  waste  connections  with  cast  iron  pipe 
and  wrought  iron  galvanized,  or  steel  galvanized  pipe,  shall  be 
made  with  a  cast  iron  tapped  recessed  drainage  fitting. 

j.  All  changes  in  the  direction  of  the  drain  shall 
be  made  with  curved  pipe  and  all  connections  with  Y 
branches  and  one-eighth  bends.  Sanitary  tees  are  pro- 
prohibited,  except  in  vertical  pipes.  Combination  clean- 
out  fittings  are  prohibited.  One-quarter  bends  are  pro- 
hibited, except  in  vent  pipes;  provided,  that  long  one-quarter 
bends  may  be  used  on  drain  pipe  if  controlled  by  a  clean-out. 
Off-set  fittings  may  be  used,  but  no  off-set  shall  be  over  six 
inches,  ff  an  off-set  i<  over  ^ix  inches,  a  one-eighth  bend 
must  be  used. 

k.  "Waste  pipes  from  safes,  refrigerators,  beer  pumps, 
water  tanks  and  other  similar  fixtures,  or  From  receptacles 
in  which  provisions  are  stored,  shall  not  lie  connected  di- 
rectly to  the  drainage  system,  but  shall  discharge  into  an 
open  sink  or  tray,  which  shall  be  in  plain  sight.  This  sink 
or  tray  may  connect  with  the  drain  pipes,  upon  being 
properlv    trapped    and   vented    like   other   fixtures. 

1.  \11  connections  of  lead  pipes  shall  be  made  with 
wiped  joints. 


in.     All    connections    of    lead    with    iron    pipe    shall    be 

.ah  a  brass  >r   ferule,  the  sleeve  t<>   be   thor- 

hlj    calked   mi"  tin-  hub  of  tin-  iron   pipe   with  lead  and 

tin-   lead   pipe   Ik-   attached   i"   tin-   sleeve   by   a   wiped   jo 

\  I.-  teel  flange  musl  be  used  in  -rum-  all  wain 

n.     Water  closets  -hall  not  l>e  flushed  by  direct   service, 
a  special  tank  or  a  flushometer,  except  oul 
■  isets. 
Waste  pipe-  and  trap-  -hall  in  all  cases  he  "l   lead, 
iron,    galvanized    iron    or   brass,   and    of   the    following 

h  of  the  following  named   fixtures: 
Bath   tub,   P.-   inches. 

■ 
Laundry   tub,  1       inches. 
I  "rinal.    1  '       me! 

sh  basin,  1 :  i  inches. 

■  hopper,  _'   inches  or   more. 

ur-inch    wrought    iron    tarred    pipe    may    It    used    for 
onl)    in  reinforced    concrete    buildings.      It 

■  upon   the   ground   must   he  extra   heavj    < 

\inl  tin-  lead  vent  and  wa-te  pipes  must  nol   he  lighter 
than    tlie    following    weight    per    linear    foot;    1  ■  ; -inch.    _' 

unds  .  2  inch,  4  pounds, 
from    each    fixture    shall    in    all    cj 
-    tin-    trap    from    the    same    fixture: 
I    that    when   more   than   one    fixture   -hall   he   vented 
pe,  the  size  of  such  pipe  -hall  he  a-  fol- 
-•■  provided  for 
than    "iie    and    ii"t    t.>    exceed    two    basins, 
pipe.      For    more    than    two   ami    ii"t    t.. 
galvanized  pipe.     For  more  than 
•••   basins,  -'-inch  galvanized  p 
■  •■  than  ■  ch  galvanized  pipe 

than   one   and   not   l  ures, 


792 

For   more   than    three   and    not    to    exceed    five    fixtures. 

2  inches. 

For  more  than  five  and  not  to  exceed  ten  fixtures, 
2l/2    inches. 

For  more   than    ten   and   not   to   exceed   twenty   fixtures. 

3  inches. 

Siphon  jet  or  wash  down  water  closets  located  within 
five  feet  of  the  stack  or  drain,  need  not  be  vented.  All  other 
fixtures,  except  drum  traps  which  drain  into  a  closet  bend. 
need  not  be  revented  when  the  same  are  located  within  six- 
teen inches  of  the  stack  :  provided,  there  are  no  other  fixtures 
above. 

When  closets  are  located  more  than  five  and  not  to 
exceed  fifteen  feet  from  the  main  soil  pipe,  a  2-inch  vent 
pipe  shall  be  continued  from  the  end  of  said  soil  pipe  as 
provided  by  the  rules  governing  vents.  If  closet  is  located 
more  than  fifteen  feet  from  the  main  soil  pipe,  a  four-inch 
vent  pipe  shall  be  used  as  provided  above. 

q.  Vent  pipes  from  water  closet  traps  shall  not  in  any 
case  be  less  than  two  inches  in  diameter :  and  where  more 
than  one  closet  is  vented  through  the  same  pipe,  the  size 
of  such  pipe  shall  be  as  follows: 

For  one  and  not  to  exceed  three  closets.  2   inches. 

For  more  than  three  and  not  to  exceed  six  closets,  2l/> 
inches. 

For  more  than  six  and  not  to  exceed  twelve  closets,  3 
inches. 

A  water  closet,  bath  tub  and  wash  basin  may  all  be 
ventilated  through  the  same  pipe,  but  in  all  such  cases  the 
2-inch  vent  pipe,  which  is  common  to  such  fixtures,  shall 
not  exceed  thirty  feet  in  length.  And  the  same  rule  shall 
apply  in  cases  where  a  water  closet  and  either  a  bath  tub 
or  a  wash  basin  are  vented  through  the  same  pipe. 

r.  All  vent  pipes  which  are  more  than  thirty  feet  in 
length  shall  be  increased  one  size  in  diameter  for  each 
additional    forty   feet   in   length. 


793 

lu  do  case  -liall  more  than  two  lavatories  be  drained 
or  vented  through  a  l^-inch  pipe,  nor  >hal!  any  waste 
pipe  of  l'i  inches  diameter  exceed  twelve  feet  in  length; 
1  inches  diameter,  1"  feet  in  length  and  be  reamed  full 
size. 

t.  Trap  vents  from  two  or  more  fixtures  must  be  con- 
nected at  leasl  six  inches  above  the  top  of  the  fixtures. 
and  the  trap  screw  of  tlie  same  diameter  as  the  vent  wiped 
into  it  and  not  more  than  -ix  inches  above  the  connection 
with  the  trap,  and  ground  joint  solder  unions  may  be  used 
This    rule   applies   to   lead    pipe   only. 

u.     All   pipe-  are   to   be   so  arranged   that    they   maj    be 
easil)    examined  and  repaired. 

v.  All  exit  pipe-  from  plumbing  fixtures  except 
water  closets,  shall  l>e  provided  with  -iron-  metallic  strainers 
securelj  fastened.  Double  hubs  are  prohibited  in  all  cast 
iron  sod  and  waste  pipe-,  except  above  the  vent,  tee,  or  in 
clean-outs  in  the  -ewer.  Wooden  wash  trays  and  wooden 
-ink-  are  prohibited  inside  of  buildings,  except  in  hotels 
and  restaurants.  Such  fixture-  shall  in  all  other  cases  be 
of  non-absorbent   material. 

w.      Waste    pipes    from    hath    tubs    shall    be    connected 

mm   trap-.     Drum   traps  shall  have   trap   -crew-  not    less 
than    three   inches   in   diameter,   and    shall    he   put    a-   close 
the  tub  a-  i-  practicable  and  be  accessible,  and  have  at  leasl 
i    1    .-inch    water    seal,    and    he    nol    less    than    4    inches    in 
diameter. 

x.      In  no  case  -hall  any  vent  or  -, ,i!  pipe  he  run  on  the 
ide   of  any   building   without    a   special    permit    from    the 

plumbing  inspector. 

y.     In  no  case  -hall  anj   fixture  he  allowed  to  discharge 

into    the    trap    of    any    water    closet,    or    into    the    heel    of    a 

lead   bend. 

Brass  clean-out  plugs  -hall  he  placed  at  the  end  of  tin- 
drain    pipe    under    every    -ink.    ha-in.    laundry    tray,    urinal    or 

any  similar  fixture,  ami  also  at  every  angle  in  -aid  pipe. 


794 

When  any  ether  class  of  pipe  is  joined  to  cast  iron, 
connection  shall  be  made  with  screw  thread  to  a  properly 
tapped    drainage    fitting. 

All  screwed  drainage  fittings  shall  be  of  the  type 
known  to  the  plumbers'  trade  as  the  Durham  system,  or 
some  other  equally  efficient  type. 

Wrought  iron  pipe  and  fittings.  Wrought  iron  pipes 
and  fittings  shall  be  galvanized  of  best  quality,  lap-welded, 
unless  otherwise  provided.  Fittings  for  wrought  iron  pipes 
shall  be  cast  iron,  either  galvanized  or  dipped  recessed 
drainage  fittings,  but  no  wrought  iron  pipe  shall  be  allowed 
under,  or  upon  the  ground  when  used  for  waste  or  drain 
pipes. 

All  wrought  iron  vent  pipes  must  be  galvanized  and  of 
standard  weight.  Fittings  for  vent  pipes  on  wrought  iron 
may  be  the  ordinary  cast  or  malleable  steam  and  water 
fittings.  All  joints  to  be  screw  joints  made  water  tight 
and  the  burr  formed  in  cutting  must  be  carefully  reamed  out. 
Where  cleanouts  are  required  by  rules,  by  the  approved 
plans,  the.  screw  cap  or  plug  must  be  of  brass.  Cleanouts 
must  be  of  full  size  of  trap  up  to  4  inches  in  diameter  and 
not  less  than   four  inches  for  larger  traps. 

The  use  of  lead  pipes  is  restricted  to  the  short  branches 
of  the  soil.  vent,  waste  pipes,  bends  and  traps  (short 
branches)   of  lead  pipe  deconstrued   to  mean  not  more  than: 

<<  feet  of  1 '  2-inch  pipe. 

5  feet  .of   1 j  2-inch   pipe. 

4   feet   of  2     -inch   pipe. 

2   teet   of   3      -inch   pipe. 

2  feet   of  4     -inch   pipe. 

Sec.  941.  Drainage.  In  all  drain  pipes  laid  within 
the  property  lines  and  in  all  horizontal  soil  pipes  which  are 
four  inches  or  more  in  diameter,  there  shall  be  placed  eVerv 
Fifty  feet  apart,  throughout  their  entire  length.  Y  branches 
with  brass  clean-out  plugs,  ftdl  size  diameter  of  pipe, 
which    shall    be    put    in    as    follows: 


and    which 

bitil-  line,    and    where 

the    Y   cleai  \nd 

uried  below  the  basement   floor,  then  Y 

anil   placed   so   that 

-:i  with  the  basement  floor.    In  build- 

but  havii  |  -       cnt.   Y  bran 

.at    the    plus's    shall 
ssible. 

Whei  back    from    the 

-     Y    branches    and    clean-outs    shall 

ine,  and 
•    apart    along    tl  e    length    of   the 

•i   the  initial   Y  branch  and  the  building,  and  all 
;ch    Y   bran  II    extend   up   t"   and   be   finished 

•i    with    the    surface 
•id. 
Third.      \\  hen  drained   inl  the 

n    the    matter    of    clean 

\cept    that    the    initial    clean-out 

immed  .  ithin    the    foundation    walls 

unlawful   to  la\  -ruct 

drain  pipe  >>r  horizontal   soil  pipe  in  any  manner  not  in 

• 

Sec.    942.     Cesspools.      The    minimi-  ;>ools 

th.   and 
thai  n  diameter  in  the  clear. 

In  -ink   ten  in   depth. 

than    five    (5)    feet    in    the 

when    n*  if  built 

npineer. 

Sec.  943.     Settling  boxes.     Where  it   shall   be   nece- 

the  minim  'ins: 

an  thrf  : 


796 

than    eighteen    i  18  >    inches    from    the    end    and    the 
shall    be    not    less    than    thirty    10O1    inches    below    the    : 
line  of  outlet  pipe. 

For    stables    with    less    than    ten    i  10  rses 

-ettling   boxes    shall    be    not   less   than    f  -      feet    by 

six    (6)    feet  inside,   with  partition   two    (2)    feet   from  outlet 
end.    and    bottom    thirty    ( 30 1     inches    below     flow    line 
outlet    pipe. 

For  stables   with  more   than  ten    i  1  ...       ghter 

houses  and  similar  establishment-  -:ze  of  settling  in 

shall  be  not  less  than  five   (5)    feet  by  ten   (10)    feet   inside 
with    partition    :  _      feet    from    outlet    end.    and 

thirty   (30)   inches  below  outlet  pipe. 

In  all  settling  boxes  where  there  is  any  matter  floating 
on  the  water,  the  partition  shall  have  a  fixed  wire  screen 
not  less  than  12  _      _      and  not  over  xi-inch  mesh. 

Sec.    944.      Exhaust   from   steam   engines,    etc.      It    shall 
be  unlawful   to  connect   directly   with  the   public   sewer  any- 
privy  vault,  cesspool,  exhaust  from  any  steam  engine 
off  from  any  steam  boiler. 

The  plumbing  inspector  and  deputy  shall  report  pr> 
ly  to  the  board  of  health,  the  existence  of  any  unsanita- 
defective   plumbing   or   drains   and   also   any   unsanita 
ditions   coming  within   their  obServati 

Sec.    945.      Drain    layers.      Any    competent    median-  : 
at    least    twenty-one    years  ._        having    a    perr 

lished  place  -         -  \perience  in  laying  drain 

wer  pip'  -  ring  application,  and  upon  payment 

to  the  city  treasurer  of  ten  dollars  for  the  year,  or  unexpired 
-    ending    in    all        -    -     December    31,    and    upon 
giving    a    bond    in    the    sum    of    one    thousand    d       its     A-ith 
corporate   surety,   to   be  approved  by   the  board 
sioners  itioned  that  the  applicant  will  save  the  city  and 

the  public  harmless  from  any  and  all  damages  that  may  aris 
bv   reas  --      --      r   nesrlisenc-: 


797 

properly  execute  or  protect  hi^-  work,  may  receive  a  drain 
layer's  license,  to  lay  private  dram  or  sewer  pipes,  and  make 
connections  with  the  sewer  system.  The  bond  herein  re- 
quired shall  be  in  addition  to  the  bond  required  by  Section 
I'he  provisions  of  this  section  shall  nol  be  construed  to 
apply  to  licensed  plumbers  who  have  paid  for  a  license  in 
accordance   with   Section   873. 

Sec.    946.      Plumbers.       It    shall    be    unlawful     for    any 
plumber   to   lay   any   surface   pipe  connected   or   to   be   con- 
ed   with    the    waterworks    system    or    to    do    any    kind 
plumbing    work    unless    he    is    licensed    and    gives    bond 
led  in  Section  ''47.    Provided,  that  the  license  provided 
•     this  s     tion    shall   not   permit   the  licensee  to  conduct 
the    business    of    a    merchant    without    the    payment    for    a 
merchant's   licet! 

Sec.    947.       Amount.       Bond.       The    yearly    license    for 

plumbers    shall    be    twenty-five     i  $25.00 1     dollars,    and    the 

lice:  iS        1    upon   payment    of   said    sum.   and   upon 

the    bond    in    the    sum    of    ten    thousand    i$10.0<x>.(>Oi 

■  ■  d    in    Section   ')4S,    which    bond   shall   contain 

the  ns,   and    !>e   subject    to    the    provisions    named    in 

id  bond  shall  contain  a  further  condition  for 

the    faithful  nee    of    all     the    ordinances,     rules    and 

ty  relating  to  plumbing. 

Sec    948.      Permits.      Applications.      Bonds.      Fees.      No 

ition    shall    be   issued   until    writ- 

ion    therefor    has    been    made    to    the    supervisor 

1    bj    the   party    making   the   excavation,   or 

instance  it   is  to  be  made;  nor  until 

the    applicant    ha  with    the    supervisor    of    streets 

indemnity   to  the  city,  with  sureties  to  be  approved 

!  of  commissioners,  conditioned  that   the  person 

mak  n  will  erect  and  maintain  about   -aid  ex- 

!  until   the  -tree-  •  ed   to  it-  normal   condi- 

51 


798 

tion,  sufficient  guards,  signals,  barricades  and  lights,  to  pre- 
vent accident,  and  will,  as  soon  as  may  be  after  the  comple- 
tion of  said  work,  restore  said  street  to  the  same  condition  in 
which  it  existed  prior  to  said  excavation,  and  will  remove 
rocks,  dirt  and  rubbish  from  the  street,  and  will  save  the 
city  harmless  from  any  and  all  claims,  liabilities,  demands 
or  damages,  for  any  and  all  injuries  to  person  or  property 
arising  in  any  manner  out  of  or  by  reason  of  any  such 
excavation.  Such  bond  shall  be  in  the  sum  of  five  thousand 
dollars,  for  excavations  in  all  streets:  provided,  however,  that 
whenever  paving  or  macadam,  dirt  or  rock  is  removed  in 
the  process  of  any  street  excavation,  such  paving  or  ma- 
cadam, dirt  or  rock  must  be  replaced  under  the  direction  and 
to  the  satisfaction  of  the  supervisor  of  streets,  and  at  the 
expense  of  the  party  making  the  excavation:  and  provided, 
further,  that  any  person,  firm,  corporation  or  association 
operating  in  or  using  any  of  the  streets  under  a  franchise, 
or  any  person,  firm,  corporation  or  association  who.  in  the 
pursuit  of  his  or  its  regular  calling,  has  frequent  occasion 
to  open  or  make  excavations  in  the  public  streets,  may 
file  a  bond  with  corporate  surety  in  the  sum  of  ten  thousand 
dollars,  conditioned  as  above,  to  cover  all  excavations  made 
for  a  period  of  two  years  from  the  date  of  filing,  but  permits 
for  all  excavations,  except  for  the  replacement  of  street 
railway  rails  and  ties  in  unpaved  streets,  must  be  applied 
for  and  issued  before  it  shall  be  lawful  to  make  any  such 
excavations:  provided,  further,  that  in  excavating  through 
asphalt  or  cement,  or  beneath  stone  blocks,  the  excavation 
shall  be  cut  perpendicularly  at  the  side  and  ends  from 
the  surface,  the  full  length  and  width  of  all  excavations 
to  the  necessary  depth;  on  top  of  the  backfilling  there  shall 
be  placed  six  inches  of  stone  or  concrete  flush  with  the 
pavement,  and  in  all  cases,  whether  the  excavation  is  made 
through  asphalt  or  otherwise,  in  backfilling  the  material 
used  for  that  purpose  shall  be  thoroughly  tamped  and  a 
sufficient  quantity  of  water  used  to  properly  settle  the 
material    so    used :    and    after   completing   an    excavation    and 


799 

.ill    dirt,    rocks    and    rubbish    shall    be    removed 
vided,  further,  thai  failure  on  the  pan  of 
;uu  ssociation  or  corporation   to  comply  with 

the   provisions  of   this   chapter   shall   be   a   sufficienl 
the    supervisor   of    streets    refusing    a    permil    to 
in    the   streets   of   this   city;   pt  further,   that 

no  i  n  shall  be  permitted  to  remain  open  in  an)  street 

nger  period  than  ten  days,     [f  this  pro- 
ted   the  supervisor  of  streets  may   fill   up  any 
tion   at   the   expense  of   the   person   making   the 
further,  that    the   supervisor  of   streets   shall 
upon   issuing  any   permit,   the   following 
5,  to  wit : 

in  any  cement   sidewalk,   for  the   first 

part  thereof  $  2.00 

h  additional  square  foot  or  pari   thereof 25 

i    in  any  asphalt  pavement,  for  the  firsl 

r  part  thereof 5  .00 

Iditional  square  foot  or  part   thru-,  if IS 

E  in  any  macadam  pavement,  for  the  first 

r   part    thereof 2.00 

litional  square  foot,  or  part  thereof 20 

•  •■  block  pavement,  for  each  square 

part  thereof 40 

vs. >rk  when  there  is  no  asphalt  or  ma- 

nt,  per  block  10. (Hi 

r  less  than  a  block. 

Sec.   949.      Penalty.      Any    person    violating    any    <>t    the 

his  ordinance   shall,   upon   conviction   thereof, 

ne  m  any  sum  not  exceeding  fiftj   dollars 

ment   in  the  city   jail   for  a  period  no)    longer 

.-•'tin  may,  in  imposing  a  fine,  inter 

ent,  that   in   default  .•)'  the  payment 

maj    be    imprisoned    in    the   city 

ing  thirty  da 


800 


CHAPTER  XLI. 
POLICE    DEPARTM  ENT. 

Section  950.  Police  department  The  police  department 
of  Salt  Lake  City  is  hereby  reorganized  and  shall  hereafter 
consist  of  the  following  officers,  men,  employes  and  agents, 
whose  duties  and  compensation  shall  be  as  hereinafter  fixed : 

One  chief  of  police,  who  shall  be  at  head  of  the  police 
department. 

(  >ne  inspector,  with  the  rank  of  senior  captain. 

One   captain. 

(  )ne  junior  captain. 

(  >ne  matron. 

(  hie  janitor. 

One  secretary  to  the  chief  of  police. 

Ninety-three  patrolmen  of  three  grades,  to  wit:  Firsl 
grade,  second  grade,  and  third  grade. 

Patrolmen  without  previous  experience  shall  be  ap- 
pointed to  the  third  grade  only,  and  may  be  promoted 
upon  recommendation  of  the  chief  of  police  after  service  of 
one  year,  if.  in  the  opinion  of  the  chief  of  police,  their  service 
and  ability  entitles  them  to  promotion.  The  chief  of  police 
may  appoint  into  the  second  grade  applicants  who.  in 
addition  to  regular  requirements,  have  served  at  least  one 
year  in  the  third  grade  in  this  service  or  two  years  in 
police  or  detective  service  outside  the  police  department  of 
Salt  Lake  City,  or  a  term  of  enlistment  in  the  United 
States  army.  The  chief  of  police  may  appoint  into  the  first 
grade  applicants  who.  in  addition  to  regular  requirements 
and  having  had  two  or  more  years  service  in  police  and 
detective   work,   are   especially   qualified   for   police   service. 

All  applicants  must  successfully  pass  such  examinations 
as  may  be  required  by  the  prescribed  rules  and   regulation-;. 


801 

Sec.    951.      Appointment    of    chief    of    police.       Removal. 

mmissioners  shall  appoint  a  competenl  person 

-   chief  of   ;  ind   the   board   of   commissioners 

any    time,    remove    such    chief    of    police    without 

..    without    charges   being   preferred    and    without    trial. 

hearing  or  opportunity  t"  be  heard,  whenever  in  the  opinion 

ijority  of  the  said  board  of  commissioners  the  g I 

service  will  be  subserved   thereby,  and   the  action   oi 

the  t    commissioners   in   making  such    removal    shall 

be   final   and  conclusive.     The  city  recorder   shall    forthwith 

he   chief  of   police   in    writing   of   his   removal   and. 

the   time   of   his   notification,   the    person    so    removed 

m   ii"   case   be   entitled   to  any   salary   or   compensation 

Sec.  952.    Appointments.    Removals.    The  chief  of  police 
nt,   h\    and    with   the   advice   and   consent    of   the 
b  missiom 

Om  tor  with  the  rank  of  senior  captain 

aptain. 
nioi       ptain 
atron 
nitor. 
1  me  secretary  t.>  the  chief  of  police. 

ttrolmen   of  three   grades,   to    wit:      Firsl 
•  ide  and  third  grade,  and  all  other  men  and 
department,  and.  in   like   manner,   fill 
all   \ 

■lice,   with   the   consent    of   the   hoard   of 

any     time     remove     any     subor- 

<■  ent    without    charges   being   pre- 

ut  trial,  hearing  or  opportunity  to  be  heard. 

pinion,  the  ur I  of  the  service   will  be 

and    such    removal    shall    be    final    and 
r<    •  •  sed   or   called   in   question 


802 

The  city  recorder  shall  forthwith  notify  in  writing  the 
removed  person  of  such  removal;  it  shall  not  be  necessary 
1"  state  any  cause  therefor  and  from  the  time  of  notification 
the  person  so  removed  shall  in  no  case  be  entitled  to  any 
-alary  or  compensation   whatever. 

Sec.  953.  Appointments.  Department  officers.  Special 
duties.  The  chief  of  police  shall  designate,  in  writing,  filed 
with  the  city  recorder  and  a  duplicate  filed  with  the  city 
auditor,  one  patrolman  to  act  as  first  duty  sergeant,  one 
patrolman  to  act  as  second  duty  sergeant,  one  patrolman  to 
act  as  third  duty  sergeant,  one  patrolman  to  act  as  fourth 
duty  sergeant,  not  more  than  five  patrolmen  to  act  as  patrol 
drivers,  not  more  than  eight  patrolmen  to  act  as  motor- 
cycle policemen,  not  more  than  five  patrolmen  to  act  as 
mounted  policemen,  not  more  than  three  patrolmen  to  act 
a-  desk  sergeants,  and  three  patrolmen  to  act  as  jailor-. 

The  chief  of  police  shall  also  appoint  from  the  first 
grade  patrolmen  for  detective  service  those  whom  he  shall 
deem  most  capable  for  that  branch  of  the  service  not  exceed- 
ing eight  in  number,  and  he  may  reduce  and  assign  to 
patrol  duty  any  detective  whenever,  in  his  judgment,  the 
improvement  of  the  service  requires  it :  provided,  that  in 
special  cases  or  emergencies,  he  may  assign  for  temporarv 
duty,  without  extra  pay,  additional  patrolmen  from  any 
grade  to  serve  in  the  detective  department.  Whenever  any 
change  shall  occur  in  the  police  department  by  death,  resig- 
nation, removal,  transfer,  promotion  or  reduction  the  chief 
of  police  shall,  in  like  manner,  fill  all  vacancies  from  among 
the  existing  force  or  from  appointments  as,  in  his  judgment, 
he   shall  deem  best    for  the  good   of  the   service. 

Sec.    954.      Transfers.       The    chief    of    police    -hall    hi 
power    at    any    time    to    transfer    any    patrolmen    from    one 
service   to   another,   to   promote   any    member   of    the    depart- 
ment  to   any   position    of   greater   authority   or   larger    salary 
or,  in  like  manner,  to  reduce  any  patrolman  from  anv  subor- 


803 

dinate  office  to  a  lesser  office  or  to  an  office  of  lesser  salary 
or  t'>  reduce  any  such   subordinate  officer   i"   the   ranks  or 

my  member  of  the  department,  except  inspei 
captains,  matron,  janitor  and  secretary,  from  one  position  to 
.hi- >thvr  in  the  department  a*,  in  his  discretion,  shall  be 
for    the    ^""'1    of    the    service,    by    notifying    the    individual 
affected  by  such  change  and  l>>    filing  a  written  designation 
of  tlic  change  with  the  cit)   recorder  and  the  cit\   auditoi 

Sec.    955.      Police    department    control.      The    police    de- 
hall    be   under   the    managemeni    of   the   chief   of 
police   except    as   otherwise   i >r.  -\  i •  K-<  1    by    law    or   ordinance, 
lief    "t"    police    shall    have    the    control,    management 
and  direction  of  all  members  of  the  department  in  the  lawful 
•  •f   his   functions    with    full    power   at    any    tim< 
■  lid    any    subordinate    officer,    employe,    men    or    agents 
in  the  police  department   for  a  peri. "1  not   exceeding   fifteen 
hen.    in    his    judgment,    the    good    of    the    service 
-    it.   and.   during   the    time    of    such    suspension,    the 
ms   •     suspended  shall  m>t   be  entitled  to  any 
nsation  whatever.     In  all  cases  of  suspension 
liately   report   the   same   to   the   city   recorder, 
.md  board  of  commissioners  in  writing. 

956.     Rules  and   regulations.     The   chief  of   police, 
the  app  ■   the  board  of  commissioners  shall  make 

and  such   rule-,   and   regulations    for   the   improvement 

irtment    and    the    uniforms    of   the    officers,    em- 
gents  connected  therewith  as.  in  his  judg- 
and  most   appropriate  fi  ir  the  g 

Sec.   957.      Special    police   officers.       The    chief   of   police, 

•he  board  of  o >mmis 
patrolmen  t"  serve  without 
•n    the  appointments  made    fo 

from   date   thereof  and   i 


804 

certificate  of  appointment  shall  designate  whether  the  ap- 
pointee is  authorized  to  act  as  such  special  patrolman 
throughout  the  city  or  at  a  particular  place  therein  and  if 
at  any  particular  place,  the  place  shall  be  designated  in  such 
certificate.  The  city  recorder  shall  keep  a  book  containing 
the  names  of  such  appointees,  the  date  of  appointment  and 
the  date  of  expiration  of   said  appointment. 

Sec.  958.  Ranking  officers.  Command  shall  be  exer- 
cised by  virtue  of  office  and  special  assignment  of*  officers 
eligible  by  law  and  ordinance  to  command.  The  officers 
of  the  department  shall  rank  in  the  following  order: 

1st — Chief  of  police. 

2d — Inspector. 

3d — Captain. 

4th — Junior   captain. 

5th — First  duty  sergeant. 

6th — Second  duty  sergeant. 

7th — Third  duty  sergeant. 

8th — Fourth  duty  sergeant. 

In  the  absence  of  the  chief  of  police  the  performance 
of  his  duties  shall  devolve  upon  the  inspector,  and  in  the  case 
oi  the  absence  of  the  inspector,  through  disability  or  other- 
wise, upon  the  next  ranking  captain. 

Sec.  959.  Mounted  police.  Mounted  policemen  must 
provide  their  own  horses,  horse  equipment  and  horse  feed 
under  the  direction  and  subject  to  the  approval  of  the 
chief  of  police.  An  allowance  of  twelve  dollars  and  fifty 
cents  ($12.50)  per  month  shall  be  made  to  each  mounted 
policeman  for  the  maintenance  of  said  mount. 

Sec.  960.  Salaries.  The  officers,  employes,  men  and 
agents  of  the  police  department  shall  receive  yearlv  salaries, 
payable  monthly,  as  are  the  salaries  of  other  city  officers, 
in    the    amounts    as    follows: 


805 

polici    S3.000.00 

Inspector  1.740.00 

1,620.00 

Inn;  im    1.500.00 

ints   1,380.00 

Patrolmen  in  detective  service 1.320.00 

.    to  the  chief 1,200.00 

!    janitor • 900. 00 

480.00 

■  first  grade 1.200.00 

Pati  ide 1.0S' 

third  grade 960.00 

drivers,   motorcycle    policemen,    mounted 
n  .mil  lU-^k  sergeants  shall  he  graded   a-   patrolmen 
of  tin-  i\-  nd  and  third  grades. 

Sec.  961.     Gifts.     Acceptance  of.     Penalty.     No  member 

lepartment    shall    receive    any    fee    or    any 

•i    whatever,  directly  or   indirectly,   from   a   city, 

for    any    service    rendered    or   act    done   by 

ber    of    the    police    department     other     than     the 

led  by  ordinance,  except   witness  fees  in  superior 

nor    shall    any    member    of    the    police    department 

iney   or   compensation    whatever,   directly  or 

indirectly,  front  any  person   for  any  service  rendered,  to  be 

done    other    than    the    salary    provided    by 

.   that    a    gifl    or   reward    may  be 

i  member  of  the  police  department  only  upon  the 

writt  mmendation  of  the  chief  of  police  and  approved 

•ner  of  public  safety. 

in  of  tht--  section  will  subject  the  offender  to 

Sec.     962.       Chief    of     police.       Duties.        The     chief     of 
■    e     'f  his  duties,   have   like   po 
sponsibility    a-    sheriffs    and    con- 

.    and    he    shall    suppress    riots,    dis- 


806 

turbances,  and  breaches  of  the  peace,  and  apprehend  all 
persons  committing  any  offense  against  the  laws  of  the 
state  or  the  ordinances  of  the  city.  And  at  all  times  he  shall 
diligently  and  faithfully  discharge  his  duties  and  enforce 
all  ordinances  and  regulations  of  the  city  for  the  preser- 
vation of  peace  and  good  order,  and  the  protection  of  the 
rights    and    property    of    all    persons. 

He  shall  consult  and  advise  with  the  commissioner  of 
public  safety,  and  act  with  his  approval  on  all  matters 
pertaining  to  the  police  department  not  herein  specifically 
provided  for.  and  shall  from  time  to  time  make  such  reports 
as  the  commissioner  of  public  safety  shall  require  and 
shall  annually  make  report  to  the  board  of  commissioners 
of  the  state  of  affairs  and  condition  of  the  police  depart- 
ment. 

Sec.  963.  Search  and  seizure  of  intoxicants.  If  the 
chief  of  police  ha-  probable  cause  to  believe  that  intoxicating 
liquors  are  manufactured,  sold,  bartered,  given  away  or  other- 
wise furnished,  in  violation  of  law  or  are  kept  for  the  purpose 
of  selling,  bartering,  or  giving  away  or  otherwise  furnishing 
in  violation  of  law.  it  shall  be  the  duty  of  the  chief  of 
police  forthwith  to  make  and  file  with  a  judge  of  the  district 
court  or  a  justice  of  the  peace  in  the  county  written  in- 
formation supported  by  his  oath  or  affirmation  that  he  has 
reason  to  believe  and  does  believe  that  the  law  is  being 
violated  in  the  manner  as  above  set  forth;  whereupon  such 
justice  or  judge  upon  finding  probable  cause  for  such 
information,  may  issue  a  search  warrant  conditioned  as  pro- 
vided by  law. 

Additional    duties.    Sec.    979. 

Sec.    964.      Police    officers.      Powers.       Duties.       Police 

officer-;  -hall  possess  the  powers  conferred  upon  con-tables 
by  law:  they  shall  execute  and  serve  all  warrants,  process, 
commitments  and  writs  issued  by  the  city  com;,  they 
shall   at    all   time-   preserve   the   public   peace,   prevent   crime. 


807 

ind  arrest  offenders,  suppress  riots,  protect  persons 
and  property,  remove  nuisances  existing  in  the  public 
>tn<  Is  and  highways,  enforce   every   law,   both   state 

and   municipal,  relating  to  the   suppression  of  offenses,  and 
perform   all   dune-   enjoined   upon   them   by   ordinance. 

Sec.  965.     Arrests.     The)    shall  have  power  :m<l  author- 
ity  without    process    to   arresl    and    take    into    custody    any 
person    who    shall    commit    or    threaten    to    or    attempt    to 
mit  in  tlii   presence  of  the  officer  >>r  within  his  view  any 
tch  of  the  peace  or  any  offense  directly  prohibited  by  the 
law s  of  tln~  by  any  . irdinam  < 

Sec.  966.     Oaths  and  bonds.       The   chief   of   police   shall, 
ire    he   enter-,   upon    the   duties   of    his    o  ike    and 

scribe  the  constitutional  oath  of  office  and  execute  a  bond 
the  city  in  the  penal  sum  of  five  thousand  dollars,  con- 
ditioned   for    the    faithful    performance    of    the    duties    of    liis 
:iid   the   payment   of  all   moneys   received   by   him    as 
■  •nicer  according  to  law  and  the  ordinances  of  the  city. 
bond  shall  be  filed  with  the  recorder  and  approved  by 
the  board  "t'  commission' 

Sec.  967.     Id.      The  inspector  of  police  with  the  rank  ol 

tin,   and   the  captains   shall,   each.   I>ef<>re   they   enter   upon 

the  duties  of  their  respective  offices,  take  and   subscribe  the 

ith  of  office,  and  execute  a  bond,  payable  to 

ity,   m    tlie   penal    sum    "t"    two    thousand    dollars,    con- 

ided  by  law.     Said  bond  t"  be  Filed  with  the 

and  approved  by  the  board  of  commissioners 

Sec.   969.      Bail   commissioners.       The    board    of   commis- 

the   offcers    and    men    in 

rtment,  one  or  more  discreet    persons  t"   be 

mers,  who  shall  have  and  exercise  all 

the   ■  ..r   hereafter   may   he.   conferred 

ourl 


in  respect  to  the  fixing  of  bail  of  persons  arrested  within 
the  corporate  limits,  for  misdemeanors  under  the  laws  of  this 
State,  or  for  violation  of  the  city  ordinances,  and  taking 
and  approving  the  same;  provided,  that  any  person  who  has 
been  ordered  by  any  such  bail  commissioners  to  give  bail 
may  deposit  the  amount  thereof  in  money  with  such  bail 
commissioner. 

Sec.  970.  Id.  Receipt  for  moneys.  In  addition  to 
their  duties  in  respect  to  the  fixing  of  bail,  bail  commis- 
sioners shall  have  power,  on  non-judicial  davs.  and  after 
the  hour  of  five  o'clock  p.  m.  and  before  the  hours  of 
nine  o'clock  a.  m.  on  judicial  days,  to  collect  and  receipt 
for  moneys  tendered  in  payment  of  the  fine  of  any  person 
serving  sentence,  in  default  of  the  payment  of  such  fine. 
All  moneys  collected  by  bail  commissioners  shall  be 
accounted  for  at  least  once  a  month  to  the  clerk  of  the 
city  court. 

Sec.  971.  Id.  Oath  and  bond.  Filing.  Commissioners 
appointed  under  this  title  shall  serve  at  the  pleasure  of  the 
board  of  commissioners;  they  shall  receive  no  compensation 
as  such,  and,  before  entering  upon  their  duties  as  bail  com- 
missioners, shall  take  and  subscribe  an  oath  to  faithfully 
and  impartially  discharge  the  duties  of  their  office,  and  shall 
give  bond  to  the  city,  with  two  good  and  sufficient  in- 
dividual sureties,  or  with  a  single  corporate  surety  to 
be  approved  by  the  board  of  commissioners,  which  bond 
shall  be  in  the  sum  of  $2,500,  conditioned  for  the  faithful 
performance  of  their  duties  as  such  commissioners,  and  that 
they  will  well  and  truly  account  for  and  turn  over  to  the 
clerk  of  the  city  court,  or  to  the  city  treasurer,  as  the  case 
may  be,  at  such  times  as  may  be  designated  by  the  board 
of  commissioners,  all  moneys,  .bonds,  property  and  records 
coming  into  their  hands  as  such  commissioners,  and  that,  at 
the  expiration  of  their  term  of  office,  they  will  surrender 
and  turn  over  as  aforesaid  all  funds,  bonds,  property,  papers. 


809 

and  records  pertaining  to  their  respective  offices,  then  in 
their  hands.  Suit  upon  any  such  bond  may  be  broughl  by 
the  city  or  person  injured.  The  oaths  and  bonds  of  said 
commissioners  shall   be  tiled   with   the  city  recorder. 


810 


CHAPTER    XLII. 

POLL    TAX. 

Section  972.  Poll  tax.  Who  liable  to  pay.  Amount. 
Two  dollars,  lawful  money,  is  an  annual  road  poll  tax  upon 
every  man  over  twenty-one  and  under  fifty  years  of  age. 
not  physically   incapacitated  and  not  exempted  by   law. 

Sec.  973.  List  of  taxpayers.  The  supervisor  of  streets 
and  irrigation  shall,  between  the  1st  day  of  January  and  the 
30th  day  of  November  of  each  and  every  year,  ascertain  the 
list  of  names  of  all  persons  within  the  corporate  limits  of 
said  city  who  are  liable  to  pay  a  road  poll  tax.  He  shall 
enter  said  names  in  a  suitable  register  in  alphabetical  order 
and  in  suitable  columns  opposite  each  name  he  shall  enter 
the  address  of  the  taxpayer,  date  of  notice,  number  of  notice, 
date  of  service  of  notice,  date  of  payment,  number  of  receipt 
issued,  and  a  column  for  remarks,  in  which  shall  be  entered 
the  final   disposition  of  the  tax. 

Sec.  974.  Notice  to  pay  tax.  The  supervisor  of  streets 
and  irrigation  shall,  between  the  1st  day  of  January  and  the 
30th  day  of  November  of  each  and  every  year,  give  written 
or  printed  notice  to  every  person  in  Salt  Lake  City,  subject 
to  the  payment  of  road  poll  tax,  that  said  tax  is  due  and 
payable  to  said  supervisor  of  streets  and  irrigation,  with- 
in ten  days  from  the  date  of  the  service  of  said  notice. 
Said  notice  shall  be  delivered  to  each  person  liable  to  pay  a 
poll  tax,  personally  or  by  leaving  the  same  at  his  residence 
or  place  of  business,  which  shall  be  equivalent  to  a  personal 
notice;  provided,  said  road  poll  tax,  to  wit,  two  dollars,  shall. 
become  due  and  payable  on  demand  of  the  said  supervisor 
of  streets  and  irrigation  in  cases  of  transients  or  non- 
residents    of    the    city,    at    the    discretion    of    said    supervisor. 


311 

975.     Delinquent  tax.     Collection.      \n\    person   sub 
payment  of  said  poll   tax,   who  shall   fail   to  pay 
the  provided,   shall    be   delinquent,   and    the 

supi  eets  an>l   irrigation   shall   proceed   to  col 

in  in  the  name  of  Sail  Lake  lity.  and  no 

wages  belonging  to  such  person  shall  be  exempi 

ition   therefor.     Should  an   indemnifying  bond   be 

or    the    protection    of    any    officer    executing    the 

e  Hunt   in   any   such   proceedings,   the  city   attorne)    shall, 

the  expense  <<i  the  city,  procure  such  bond. 

Sec.   976.     Money  to  be   paid   to   treasurer.     The    super- 

pjation  i-  hereby  authorized  to  receive 

at  ish    payment    of    pull    tax    from    any    person 

'.•nn:,'  the  same,  and  he  shall  pay  over  all  mone)    so  col 

•.   treasurer  on  or  before  the  5th  day  of  each 

lonth.     He  shall  keep  stub  receipt  1 !<-.  issue  all   receipts 

then  tnd   deliver   t>>   each   person    making   paymenl    of 

■   therefor.    The  stub-  of  said  receipt  books  shall 
I  and  audited  monthly  by  the  cit)   auditor 

Sec.    977.      Money.      How    expended.      All    moneys    col- 
!     pull     tax    shall     be    expended     under    the 
n   and   pursuani    to  the  order  of   the   board  of  com- 
ic     >ad  improvements. 

Sec  9/8.     Annual  report  to  the  board  of  commissioners. 
;l-t    da)  ■  cember   in    each    year   the 

and  irrigation  shall  deliver  to  the  city 
provided    for    in    Section    973    with    a 
wri"  i    summary   of    the    facts    shown 

i  and  report  shall  be  certified  to  by  the 
and   irrigation,   and   audited   and   certi- 
auditor,   alter   which    it    shall    be    I 
of  the  supervisor.     A   duplii 

shall    be    submitted    by    the    supervisor    of 
■    the    board    of   commissioners    nol 
i  mber   in   each    year 


812 


CHAPTER    XLIII. 

PRISONERS   AND   CITY    PRISON. 

Section.  979.  Duties  of  chief  of  police.  The  chief  of 
police  shall  take  charge  of  and  keep  the  city  prison  and 
the  prisoners  therein.  He  shall  receive  and  safely  keep  all 
persons  duly  committed  to  his  custody  and  file  and  preserve 
all  commitments  by  which  persons  are  committed,  and  keep 
a  record  of  each,  showing  date  of  arrest,  offense  charged, 
term  of  commitment,  date  of  release,  the  name,  age  and 
place  of  birth  and  a  description  of  the  person  so  com- 
mitted, in   a  book  kept   for  that  purpose. 

Sec.  980.  Id.  He  shall  formulate  a  system  of  prison 
rules  and  discipline  and  keep  a  record  in  which  shall  be 
entered  a  statement  of  every  infraction  thereof  committed 
by  any  person  confined  therein. 

Sec.  981.  Id.  The  chief  of  police  shall  receive  all 
persons  committed  to  jail  by  competent  authority,  provide 
them  with  necessary  food,  clothing  and  bedding.  He  shall 
cause  the  prison  to  be  warmed  and  lighted,  when  necessary, 
and  to  be  kept  in  a  sanitary  condition.  He  shall  enforce 
all  rules  prescribed  by  the  board  of  commissioners  for  the 
government  of  the  city  prison. 

Sec.    982.      Reduction    of    sentence    for    good    behavior. 

Every  person  undergoing  sentence  for  thirty  days  or  more, 
who  has  not  been  guilty  of  a  breach  of  the  rules  of  the 
prison,  shall  be  entitled  to  a  reduction  of  the  period  of  his 
sentence  as  follows:  From  a  term  of  one  month,  five 
days;  from  a  term  of  two  months,  ten  days;  from  a  term 
of  three  months,  fifteen  days:  from  a  term  of  four  months, 
twenty  days;  from  a  term  of  five  months,  twenty-five  days; 


813 

Irom  a  term  of  six  month-,  thirty  days.  Proportionate  re- 
ductions shall  be  made  for  the  fractional  parts  o(  a  month 
included    in    any    sentence. 

Sec.  983.  Prisoners  to  labor.  Whenever  any  person 
sentenced  to  imprisonment  for  violation  of  any  city 
inance,  and  such  person  is  required  by  the  judgmenl   of 

the   court    to    labor,    such    labor    shall    be    performed    under 

the  direction  of  the  chief  of  police. 


62 


814 


CHAPTER    XLIV. 

PUBLIC    DANCE    HALLS.     PUBLIC   ACADEMIES. 

Section  984.  License.  It  shall  be  unlawful  for  any 
person  to  manage,  conduct  or  carry  on  a  public  dance  hall  or 
public  dancing-  academy  in  Salt  Lake  City  without  first 
obtaining  a  license  so  to  do. 

Sec.  985.  Amount.  The  license  fee  required  for  a 
public  dance  hall  shall  be  $10  per  day,  or  $400  per  year, 
if  such  hall  be  operated  and  managed  by  the  year :  for  a 
public  dancing  academy  the  license  fee  shall  be  $50  per  year. 

Sec.  986.  Location.  Revocation  of  license.  Hearing. 
Such  license  fee  shall  specify  the  location  in  which  the 
public  dance  hall  or  public  dancing  academy  is  to  be  con- 
ducted, and  the  board  of  commissioners  of  Salt  Lake  Citv 
shall  revoke  an}-  such  license  when  it  shall  appear  to  the 
board  that  any  public  dance  hall  or  public  dancing  academy 
<'  i  licensed  is  conducted  in  an  illegal,  disorderly  or  improper 
manner,  or  whenever  the  person  conducting  such  dance 
hall  or  dancing  academy  has  been  convicted  of  a  violation 
of  any  of  the  provisions  of  this  ordinance.  No  such  license 
shall  be  revoked  until  a  hearing  shall  have  been  had  by  the 
board  of  commissioners  in  the  matter,  written  notice  of 
which  hearing  shall  be  served  at  least  three  days  prior 
to  the  date  thereof  upon  the  holder  of  such  license,  or  his 
or  its  manager  or  agent.  Such  notice  shall  state  the 
ground  of  complaint  against  the  holder  of  such  license,  and 
the  time  when  and  the  place  where  such  hearing  shall  be 
had,  and  it  shall  be  served  by  delivering  the  same  personally 
to  the  holder  of  such  license,  or  to  his  or  its  manager  or 
agent 


815 

Sec.  987.  Public  dance  hall.  Public  dancing  academy 
defined.  For  the  purposes  of  this  ordinance  a  public  dance 
hall  is  hereb)  defined  to  be  a  place  maintained  and  conducted 
for  the  purpose  of  public  "latum-  therein,  in  which  for 
<.-ti-.it  i.  >n  paid  directly  or  indirectly  to  the  owner. 
proprietor  or  manager  thereof,  men  and  women  arc  per 
mitted  to  engage  in  dancing.  A  public  dancing  academy  is 
hereb)  defined  to  be  a  place  maintained  or  conducted  ex- 
for  the  purpose  of  giving  public  instruction  in 
dancing,  for  which  instruction  a  fee  or  charge  is  required 
<>r  pa  tfided,  however,  that  if  any  such  person   receiving 

instruction  be  under  the  age  of  b>  year-,  the  contract  for 
such  instruction  shall  l>e  made  with  the  parent   or  guardian 

Sec.  988.  Hours  of  dancing.  It  shall  be  unlawful  for 
an)  nducting   or   maintaining  a   public   dance   hall 

..r  public  dancing  academy,  or  having  charge  or  control 
titer.  conduct,  earn   on  or  permit  any  dance  or  dancing 

therein  between  the  hour-  of  12  o'clock  midnighl  of  any  da) 
of  the  week  other  than  Saturday,  and  o  o'clock  a.  m.  of  the 

wing  day,  and  between  the  hour-  of  1_'  o'clock  midnight 
Saturda)  and  6  o'clock  a.  m.  of  the  following  Monday 

Sec.    989.      Minor    not    permitted.      Exception.      It    -hall 

mlawful  for  any  minor  under  the  age  of  IS  years,  unless 

.me. I    b)    his   or    her    parent    or    guardian,    to    enter, 

-main    in    any    public    dance    hall    at    any    time    when    a 

ed   "ii   therein,   or   to  dance   therein;   and 

unlawful    for   any    person    conducting    or    main- 

i    public    dance    hall    to    permit    any    minor    under 

18  irs   to    enter,    be    or    remain    in    -itch    public 

•   i    dance    therein    at    any    time    while    a    dam  e 

ss  or  being  conducted  therein,  unless  -itch  minor 

mpanied  b)    his  or  her  parent  or  guardian. 

Sec.    990.      Intoxicating    liquor    prohibited.      It    shall 
unl.i  i     any     person     at     any     time     when     a     dam. 


816 

dancing  is  in  progress  or  being  conducted  in  a  public 
dance  hall  or  public  dancing  academy,  to  take  or  bring 
into,  or  to  cause  or  permit  to  be  taken  or  brought  into, 
or  to  be  drunk  in  such  dance  hall  or  dancing  academy, 
any  intoxicating  liquor,  or  to  take  or  bring  any  intoxicat- 
ing liquor  into,  or  to  drink  the  same  in,  or  to  cause  or 
permit  intoxicating  liquor  to  be  taken  into  or  to  be  drunk 
in  any  room  or  place  connected  with  or  used  in  connection 
with  such  dance  hall  or  dancing  academy,  or  in  any  place 
upon  the  same  premises,  or  within  the  same  enclosure  in 
which  such  dance  hall  or  dancing  academy  is  situated  :  and 
it  shall  be  unlawful  for  any  person  maintaining  or  conducting 
any  public  dance  hall  or  public  dancing  academy  to  allow 
or  permit  any  intoxicated,  boisterous  or  disorderly  person 
to  enter,  be  or  remain  in,  or  dance  in  any  such  dance  hall 
or  dancing  academy  ;  nor  shall  am-  smoking  be  indulged  in, 
or  be  permitted  to  be  indulged  in,  on  the  floor  of  any  dance 
hall  or  dancing  academy,  or  in  any  of  the  entrances  or 
approaches   thereto. 

Sec.  991.  Public  dance  halls  and  public  dancing 
academies  to  be  lighted.  It  shall  be  unlawful  for  any 
person  conducting  or  maintaining  a  public  dance  hall  or 
public  dancing  academy  to  conduct  any  dance  or  dancing 
in  such  hall  or  academy  after  sunset  of  any  day  unless  such 
hall  or  dancing  academy  be  lighted  either  by  gas  or  electric 
light,  or  other  means,  in  such  manner  and  to  such  extent 
as  is  usual  or  customary  for  lighting  halls  or  rooms  of  like 
dimensions  in  the  night  time  for  public  assemblies,  before 
any  person  is  admitted  thereto,  and  before  any  dance  or 
dancing  is  commenced  therein,  and  unless  such  lighting  shall 
be  maintained  thereafter  without  diminution  and  without 
interruption  throughout  the  entire  time  while  such  dance  or 
dancing  is  in  progress,  and  until  such  dance  or  dancing  is 
concluded   and   such   hall   <<v  academy    i-   <  leared   and   closed. 


817 

Sec.    992.      Hours    for    minors.      Exception.      h    shall    be 

unlawful  for  any  person  conducting  or  maintaining  a  public 

dancing  academj   to  permit  any  minor  under  the  age  oi  six- 

jrears  to  enter  such   dancing   academy.  <>r  to  dance  or 

be    instructed    in    dancing    therein    between    the    hours    of 

:lock  p.  m.  and  12  "'clock  midnight  of  an}  day,  unless 
such    niin-  t    be  panied    by     his    or    her    parents    or 

guardian,  or  bj  some  other  adult  person  authorized  in 
writing  by  such  parent  or  guardian  to  accompany  such 
minor;  or  unless  the  parent  or  guardian  of  such  minor  shall 
in  person  deliver  to  the  person  conducting  such  dancing 
written  authorization  permitting  such  minor 
t0   i.  ed    for   instruction    in    such    academj    unaccom- 

panied  at    certain   hours   during  a   definite   period. 

Sec.     993.       Inspection     by     police.       All     public     dance 
-    and    public    dancing    academies    shall    be    open    at    all 
time-   t.>  the  visit-,   inspection   and   supervision   of   the   police 
irtmenl    of    Salt    Lake    City:    no    known    prostitute    -hall 
ml   said   dance  hall-  or  dancing  academies,   ami 
no   person   conducting   or   maintaining   a    public    dance    hall 
dancing     academy     shall     allow     or    permit     any 
known  prostitute  t"  visit  or  attend  such  dance  hall  or  danc- 
ing  academy. 

Sec.    994.      Improper,    obscene   dances.      It    shall    be    un- 
lawful   for  any   person   in   any  public   dance   hall   or  dancing 
demy  in   Salt    Lake  City  to  dance  any  improper,  indecent 

-  dame-.     It    shall   be   unlaw  ful    for  any 
■n  m  any  public  dame  hall  -t  public  dancing  academy 

in  Sal)  Lake  t  it)  i"  dance  those  dance-  commonly  known 
and  the  "Turkey  Trot,"  the  "Texas  Tommy," 

the  "Grizzly  Bear"  or  other  dances  of  like  character.  It 
shall  be  unlawful  for  an)  person  conducting  or  maintaining 
an)  public  dame  hall  - >r  public  dancing  academy  t"  permit 
air.     per-. 'ii    t.>    'lance    <>r    engage    in    any    improper,    indecent 

-  aforesaid. 


818 

Sec.  995.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
in  addition  to  the  revocation  of  the  license  herein  provided, 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter 
as  a  part  of  the  judgment,  that  in  default  of  the  payment 
of  the  fine  the  defendant  may  be  imprisoned  in  the  city 
jail  for  a  period  not  exceeding  thirty  days. 


819 


CHAPTER   XLV. 

PUBLIC  I  IFFENSES. 

tion   996.      Abusive    language.      It    shall    be    unlawful 
for  any  person  to  use  abusive,  menacing,  insulting,   slandei 
ir  profane  language  within  the  limits  of  Sail   Lake  Cit} 

Sec.     997.      Animals.       Cruelty     to.       (See     Section     9, 

Animals.)      It   shall   be  unlawful   for  any   person   to   torture, 

cruelly    beat,    ill    treat,    maim    or    disfigure    au\     horse    or 

other   animal    within    the   limits   of    Salt    Lake   City,    whether 

himself  or  to  an<  ither  person. 

Sec.  998.     Animals.      Killing  or   poisoning.      It    shal 
unlawful  for  any  person  to  wilfully  kill  any  domestic  animal. 
the    property    of   another,    "r   to   administer    poison    to    an) 
such    animal.   or   to   expose    any   poisonous    substance    within 
the    limil  ill    Lake    City    with    the    intent    thai    it    shall 

l>e    taken    by    any    such    animal. 

Sec.  999.  Animals.  Driving  sheep  through  the  streets 
prohibited.  It  shall  be  unlawful  for  any  person  to  drive 
any  herd  of  eattle.  sheep,  horses  or  hogs  consisting  of  fifty 
■  >r  more.  "\er  or  upon  any  of  the  public  streets  of  Salt 
vided,  hoivevcr,  this  shall  not  apply  to  the 
iside  for  that  purpose  by  the  board  of 
commission) 

Sec.   1000.     Animals.     Keeping  of  within  the  city  limits. 
It    shall  he  unlawful   for  any  person   to  keep  or  cause   to  be 
ithin    the    lin  --alt    Lake    City,    more    than    one 

•  all'  without  a  permit  from   the  board  of  health. 
It    •-hall   be  unlawful   for  any   person   to  keep    within    the 
limil  'It    l.ak.  tny    sheep,   pig   "r   hog,    witl 

m    the   lioarrl    of    health. 


820 

Sec.  1001.  Assault  defined.  An  assault  is  an  unlawful 
attempt,  coupled  with  a  present  ability  to  commit  a  violent 
injur}-  on  the  person  of  another.  It  shall  be  unlawful  for 
any  person  to  commit  an  assault  with  the  limits  of  Salt 
Lake    City. 

Sec.  1002.  Barbed  wire  fences  prohibited.  It  shall  be 
unlawful  for  any  person  to  erect  or  cause  to  be  erected  in- 
to maintain  any  barbed  wire  fence  along  or  adjacent  to 
an\-  street,  or  as  a  division  fence  between  adjoining  lots 
or  parcels  of  land,  either  of  which  is  occupied  as  a  place 
of  residence;  any  such  fence  so  erected  or  maintained  is 
hereby  declared  to  be  a  nuisance,  and  any  person  so  erect- 
ing or  maintaining  such  a  nuisance  shall  be  deemed  guilty 
of  a  public  offense. 

Sec.  1003.  Bathing.  It  shall  be  unlawful  for  any  person 
to  bathe  or  swim  in  any  of  the  waters  or  streams  within 
the  limits  of  Salt  Lake  City,  except  in  public  or  private 
bath  houses,  unless  attired  in  a  bathing  suit  of  such  a 
type  as  to  prevent  any  indecent  exposure  of  his  person. 

Sec.  1004.  Battery  defined.  A  battery  is  any  wilful 
and  unlawful  use  of  force  or  violence  upon  the  person  of 
another.  It  shalL  be  unlawful  for  any  person  to  commit  a 
batter}'    within    the   limits   of   Salt    Lake    City. 

Sec.  1005.  Bawdy  houses.  Disorderly  houses.  Keeping. 
Residence  in.  Resorting  to.  Owning.  Having  control  of 
houses  of  ill-fame.  It  shall  he  unlawful  for  any  person, 
within  the  limits  of  Salt  Lake  City.  Utah,  or  within  three 
miles  of  the  outer  boundaries  thereof: 

To  keep,  maintain  or  permit  to  be  kept  or  maintained 
upon  or  in  any  property  owned,  occupied  or  leased  by  or 
to  such  person,  any  bawdy,  or  other  disorderly  house,  house 
of  ill-fame  or  assignation   house. 

To  keep,  maintain,  or  permit  to  be  kept  or  maintained 
upon    or   in    any    property   owned,    occupied   or   leased   by    or 


821 

t..  Mich  person,  an)  building,  place  or  structure,  resorted 
to  or  used  in  whole  or  in  pan  b)  one  or  more  females  for 
lewdness  or  prostitution. 

resort    t",  or  reside   in   any   place  mentioned   in   this 
■n    for   tin-   purpose   of   lewdness,   prostitution,   unlawful 
sexual   intercourse   or  other   immoral   or   illegal   purpose. 

To  keep  a  house  of  ill-fame  resorted  to  for  the  purpose 
of  prostitution  or  lewdness;  or  to  wilfully  reside  in  such 
hous  rl    thereto   for  lewdness. 

be  the  owner  of  an)  building  or  tenement,  the  whole 
or  any  part  of  which  i^  used  for  an)  of  the  purposes  men- 
tioned in  this  section. 

To  have  control  of  such  building  or  tenement  as  agent, 
guardian  or  lessee  of  such  owner;  after  written  notice  to 
such  owner,  agent,  guardian  or  lessee  thai  such  building 
<<r  tenement  is  being  used  for  the  purposes  mentioned  in  this 

ion. 

To  lei  any  building  or  tenement,  knowing  that  the  lessee 
intends  using  the  same,  or  any  part  thereof,  for  the  pur- 
poses  mentioned  in  this  section.  To  harbor  or  keep  about 
hi-  premises  any  person  known  t<>  be  guilty  of  following 
a  lewd  course  of  life. 

Sec.   1006.     Billiard  and   pool   tables  and  bowling  alleys. 

Use  of  on  Sunday  prohibited.      It   shall   be   unlawful   for  any 

iffer  or   permit    the   use   of   an)    public   billiard   or 

table,   pin   or   bowling   alley   or   nine   or   ten    pin   alley, 

day  of  the  week  commonly  called  Sunday. 

Sec.    1007.      It    shall    be   unlawful   for   the   owner,   keeper. 

man  or  employe  in,  any  public  billiard  hall  or  pool 

hall  in  Salt   Lake  City,  to  permit  or  allow  any  person  under 

ty-one  years  to  visit,   frequent   or  remain   in 

such    billiard    hall    nr    pool    hall. 

Sec.    1008.     It    sh.dl   be  unlawful   for  the  owner,   keeper. 
■      in,    any    public    billiard    hall     nr 


822 

pool  hall  in  Salt  Lake  City,  to  allow  or  permit  such  billiard 
hall  or  pool  hall  to  be  or  remain  open  for  business  between 
the  hours  of  twelve  o'clock  midnight  and  six  a.  m.  of  the 
following   day. 

Sec.  1009.  Bonfires  on  paved  street  prohibited.  It 
shall  be  unlawful  for  any  person  to  build,  maintain  or  assist 
in  building  or  maintaining  any  fires  upon  any  of  the  paved 
streets   of   Salt    Lake   City  or   within   the    fire   limits. 

Sec.  1010.  Bucket  shops  prohibited.  (See  Sec.  243). 
Bucket   Shops   Prohibited   and   Abolition   of  Same. 

Sec.  1011.  Cheats  and  swindlers.  It  shall  be  unlawful 
for  an_\'  person  or  persons  to  conspire  together  or  to  use 
or  practice  any  game,  trick  or  device  with  intent  to  defraud, 
cheat    or    swindle    another. 

Sec.  1012.  Coasting  on  streets  prohibited.  It  shall  be 
unlawful  for  any  person  to  coast  or  slide  with  any  sled, 
sleigh,  toboggan  or  vehicle,  upon  any  public  street,  avenue, 
sidewalk  or  alley  within  Salt  Lake  City:  provided,  ln>:cr:\-r. 
that  the  board  of  commissioners,  by  public  notice  or  procla- 
mation, may  authorize  the  use  of  certain  streets,  avenues 
or  alleys,  for  coasting  during  the  winter  season.  During 
the  period  for  which  such  notice  or  proclamation  shall  be 
issued,  coasting  and  sliding  upon  such  streets  or  avenues 
as  may  be  designated  by  the  said  proclamation  or  notice 
shall   be  permissible. 

Sec.  1013.  Concealed  weapons.  It  shall  be  unlawful  for 
any  person  to  carry  concealed  upon  his  person  any  slingshot, 
brass  knuckles,  revolver,  dagger,  stiletto  or  other  deadlv 
weapon. 

Sec.  1014.  Dance  house.  (See  Sec.  084).  Dance  Halls 
and    Dancing   Academies. 


823 

Sec.    1015.     Defacing  or  destroying   property   prohibited. 

li  shall  be  unlawful  for  an)   person  to  wilfully  injure,  deface 

0}    property    of  another,  either   public  or   private,   or 

goods,  chattels  or  personal  property  ol  another, 

epare  an \    deadfall,  or  i"  dig  an_\    pit,  or  to  arrange 

.m\    trap,  t"  injure  another's  person  oi    propi 

a,  injure  or  remove  an_\    monument,  streel    sign,  or  any 

marked    as   a    boundar)    oi    an)    tract   ol    land    or   cit) 

•  injure,  destroy,  deface  or  alter  the  marks  oi   an) 

ument,   or   street    sign,   or    to   deface,   injure    or    destroy 

an)    fern  untain,   or   an)    -hade   or    fruit    tree,   or   to 

r    destro)     aii\     kind    of    public    or    pri 
property,  leface  sidewalks  or  trees  located  upon  public 

with  painted  or  printed  hand  bill?,  signs,  posters  oi 
I .  ertisements. 

Sec.     1016.      Discharge    of    fire    arms    prohibited. 

It   shall  be  unlawful   for  any  person  to  discharge 
ption,   within  the  limits  of  Salt    Lake 

Sec.    1017.      Discharging   of   air   guns,    sparrow    guns    or 
flippers  prohibited.     It    shall   be  unlawful   for  any   person   t<> 
•  ■  anj   air  gun,  sparrow  gun,  flipper  or  other  similar 
within  the  limits  of  Salt    Lake  City. 

Sec.     1018.       Disorderly     houses     defined.       All     bawdy 
if  ill  fame,  assignation  houses,  all  houses  or 
requented   or  resorted   to   for  lewd,   unchaste,   illegal 
immoral    purposi 
Ml    unlicensed    public    dance    halls,    and    all    houses    or 
•here    inl  ng   liquors   are    kept    for   sale   or 

without   a   li  utrarv   to  law,   shall   be   deemed   and 

be   disorderly    housi 
It    shall    be    unlawful    for    any    person    within    the    limits 
-   within   three   miles   of   the   outer   bound- 
knowingly  keep  a  disorderly  hou 


824 

It  shall  be  unlawful  for  any  person  to  knowingly  visit, 
frequent  or  resort  to  a  disorderly  house  except  for  a  legiti- 
mate purpose. 

Sec.   1019.     Disorderly  person  defined.     All  persons  who 

shall  engage  in  any  illegal  or  improper  diversion,  or  shall 
use  insulting,  indecent  or  immoral  language,  or  who  shall 
be  guilty  of  any  indecent,  insulting  or  immoral  conduct  or 
behavior  in  Salt  Lake  City,  shall  be  deemed  a  disorderly 
person. 

It  shall  be  unlawful  to  be  a  disorderly  person  within 
the  limits  of  Salt   Lake  City. 

Sec.     1020.       Disurbance    at     public     places     prohibited. 

It  shall  be  unlawful  for  any  person  to  excite  disturbance  or 
contention  at  any  public  place,  public  house,  court,  election 
or  any  lawful  meeting  of  citizens  within  the  limits  of  Salt 
Lake  City. 

Sec.   1021.     Disturbance  at  religious  meeting  prohibited. 

It  shall  be  unlawful  for  any  person  to  disturb  a  public 
assembly,  congregated  for  religious  or  other  lawful  pur- 
poses, within  the  limits  of  Salt  Lake  City,  by  undue  noise, 
or   bv  offensive,   unbecoming   or   indecent   behavior. 

Sec.  1022.  Disturbing  the  peace.  It  shall  be  unlawful 
for  any  person  to  maliciously  or  wilfully  disturb  the  peace 
or  quiet  of  another  or  of  any  neighborhood  or  family,  by 
loud  or  unusual  noise  or  by  discharging  firearms  of  any 
description,  or  by  tremendous,  lascivious  or  offensive  con- 
duct, or  by  threatening,  traducing,  quarreling,  challenging 
to  fight  or  fighting  or  by  the  use  of  profane  or  blasphem- 
ous   language. 

Sec.  1023.  Drugs.  Sale  on  streets  prohibited.  It  shall 
be  unlawful  for  any  person  to  sell,  barter  or  offer  for  sale 
or    to   dispose   of   by   public   outcry   or  otherwise,   any   drug. 


825 

medicine   or   other    substance    for    the    cure    of    an)    disease 
lilment  on  any  of  the  streets,  alleys  or  highways   within 
the  limits  ■  if  vali    I  ,ake  (  it) . 

Sec.    1024.     Drugs   to  be  labeled.      It    shall    be    unlawful 
for  ion    carrying  on    business   as   a   dealer   in   drills 

or  medicines,  or  any  person  employed  by  such  person,  to 
fail  or  neglecl  to  label  the  containers  of  said  drugs  in 
a   plain   and   legible   manner,   in   the    English   language 

Sec.    1025.      Drunkenness    prohibited.       It     shall    be    un 
!a\\ful  for  any  person  to  be  drunk  in  any  street,  lane,  alley 
"r  other  public  place  in  Sail   Lake  City. 

Sec.  1026.  Embezzlement  defined.  Embezzlement  is 
the  fraudulent  appropriation  of  money  or  property  b\  a 
jon  to  whom  it  has  been  intrusted.  It  shall  be  unlawful 
inj  person  to  be  guilty  of  embezzlement  of  money 
or  other  property  of  value  nol  exceeding  fifty  dollars.  Upon 
any  prosecution  for  embezzlement,  it  is  a  sufficient  defense 
that  the  property  was  appropriated  openly  and  avowedly, 
and  under  a  claim  of  title  preferred  in  good  faith,  even 
though   such   claim   is  untenable. 

Sec.   1027.     Employment  agencey.     (See  Sec.  717  i. 

Sec.  1028.     Escapes.     It  -hall  be  unlaw  nil  for  any  person 

convicted  of  an;    offense  against  the  ordinances  >>f  Salt   Lake 

.    or    under  or    the    commission    of    any    offense 

nst     the    ordinances    of    Salt    Lake    City,    or    in    lawful 

ape  from  such  custody. 

Sec.    1029.     Expectoration   and   spitting   in   public    places 
prohibited.     It    -hall   be  unlawful   for  any  person  t"  expe< 

r  throw  cigar  stump!  ette  stumps  or  quids 

loor  of  an)  lilway   car  or  other 


826 

public    conveyance,    or    public    building,    or    upon    any    paved 
sidewalk  within   Salt   Lake  City. 

Sec.  1030.  Fowls,  Prohibiting  trespassing  by.  It  shall 
be  unlawful  for  the  owner  or  any  person  in  charge  of 
domestic  fowls,  such  as  turkeys,  ducks,  geese  or  chickens, 
to  permit  such  fowls  to  trespass  upon  the  premises  of 
another. 

Sec.     1031.      Gambling    and    gaming.       (See    Sec.    811). 
Games  on   Street.     Sec.   1142. 

Sec.  1032.  Hotel  runners.  Solicitors.  It  shall  be  un- 
lawful for  any  person  while  employed  as  a  hotel  runner 
or  solicitor  for  an}-  hotel,  boarding  house,  lodging  house, 
or  rooming  house  to  fail  to  wear  an  appropriate  badge, 
which  shall  have  inscribed  thereon  the  name  of  the  place 
represented   by    him. 

Sec.  1033.  Interfering  with  officer  in  discharge  of 
duty  prohibited.  It  shall  be  unlawful  for  any  person  in 
any  way  to  interfere  with,  resist,  molest  or  threaten  any 
officer  of  Salt  Lake  City,  while  in  the  discharge  of  his 
official   duties. 

Sec.  1034.  Labor.  Number  of  hours.  Citizens  to  be 
given  preference.  It  shall  be  unlawful  for  any  person  em- 
ployed by  or  under  contract  with  Salt  Lake  City,  to  permit 
any  workmen  to  labor  more  than  eight  hours  per  day.  In 
the  employment  of  workmen  by  Salt  Lake  City,  <>r  in  the 
contracting  of  public  work  by  Salt  Lake  City,  or  by  any 
person  contracting  with  Salt  Lake  City,  preference  shall  be 
given  to  citizens  of  the  United  States,  or  those  having 
declared  their  intentions  of  becoming  citizens.  In  each 
contract  for  the  construction  of  public  works,  the  above 
provisions  shall  be  inserted  and  a  further  clause  to  the 
effect  that  if  the  provisions  of  this  section  are  not  complied 
with,  the  contract   shall   be  void. 

Loafing  on  Sidewalks.    Sec.  1145. 


827 

1035.  Minors.  Enticing  from  parents  or  guardians 
prohibited.  It  shall  be  unlawful  for  an)  person  to  use  an) 
influence  or  otherwise  to  entice  or  persuade  any  minor,  male 
<  >v  female,  under  the  age  of  eighteen  years  from  his  or 
her  parents,  guardians  or  other  persons  having  charge  or 
cusl  such  minor,  without  the  consent  of  such  parents, 

Man-  or  custodians. 

Sec.    1036.     Minors.      Sale    of    tobacco    to.      It    shall    be 
unlawful   for  anj    person   to  sell,  give,  or   furnish   anj    cigar, 
or    tobacco    in    any    form,    to    any    person    under 
twenl  .-  age. 

1037.  Minors.  Id.  Purchase,  accepting  or  having 
in  possession.  It  shall  be  unlawful  for  any  person  under 
the  age  of  twenty-one  years  to  purchase,  accept  or  have  in 
hi-  n  any  cigar,  cigarette  or  tobacco  in  any   form. 

Sec.    1038.      Minors    on    streets    at    unreasonable    hours 

prohibited.      It  shall    be    unlawful    for    minor    persons    under 

ige     to    be    i>n     any    of    the     streets, 

alle  public      place-      in      Salt       Lake      City      between 

p.    m.    and    four     o'clock    a.    m.,     except     such 

minor    l>e    attended    by    some    adult     person.     It    shall    be 

unlawful   for  any   parent,  guardian,  or  other  person,   having 

the  and    custody    of    any    minor    under    eighteen 

illow    or    permit    any    such    minor    to    go 

upon  any  of  the  streets,  alleys  or  public  places 

in    -  within   the   time  hereinbefore   prohibited   unless 

inicd    1>\     an    adult    person.      It    shall    be    the    duty 

or    some    one    authorized    bj     him, 

mi   bell    at    the    fire   station    at    nine   o'clock 

some  other  signal  to  be  given. 

Sec.    1039.      Minors.      Disorderly    conduct.       It    shall    be 

unl.i  n    under    the    age    of    Fifteen    vears 

n   or   catch   hold   of,  or   to   race  alongside   of,   <<r  in 


828 

front  of,  or  attempt  to  get  on,  or  catch  hold  of  any  street 
railway  car,  or  any  railroad  car  or  locomotive,  or  any  wagon, 
buggy,  automobile,  or  other  vehicle,  while  the  same  is  in 
motion. 

Sec.  1040.  Id.  Mischievous  conduct.  It  shall  be  un- 
lawful for  any  person  to  place  upon  any  track  or  rail  over 
which  cars  of  any  kind  or  description  pass  or  over  which 
cars  of  any  description  are  intended  to  pass,  any  cartridge, 
cap,  torpedo,  or  any  explosive  thing  or  substance,  or  any 
obstruction    or   thing   or   substance   whatsoever. 

Minors.     Sees.   771-5. 

Sec.  1041.  Nuisances.  Ail  bawdy  and  other  disorderly 
houses,  houses  of  ill  fame,  assignation  houses  and  houses 
kept  by,  maintained  for,  or  resorted  to,  or  used  by  one  or 
more  females  for  lewdness  or  prostitution  within  the  limits 
of  Salt  Lake  City,  or  within  three  miles  of  the  outer 
boundaries  thereof,  are  hereby  declared  to  be  public 
nuisances. 

Sec.  1042.  Nuisance.  That  the  keeping  of  a  house  or 
place  where  intoxicating  liquors  are  kept  for  sale,  or  sold 
without  a  license  or  contrary  to  law,  within  the  limits  of 
Salt  Lake  City  or  within  three  miles  of  the  outer  boundaries 
thereof,  is  hereby  declared  to  be  a  public  nuisance. 

Sec.  1043.  Nuisance.  That  the  keeping  of  a  house  or 
place  frequented  or  resorted  to  for  lewd,  unchaste,  illegal  or 
immoral  purposes  is  hereby  declared  to  be  a  public 
nuisance. 

It  shall  be  unlawful  for  any  person  to  keep,  maintain 
or  to  contribute  in  any  manner  to  the  keeping  or  mainte- 
nance of  a  public   nuisance. 

Sec.  1044.  Obscene  literature  or  conduct,  h  shall  be 
unlawful   for  any  person — 


829 

1.  Jo  have  in  his  possession  or  to  offer  for  sale, 
sell,  exhibit,  pass,  give  or  deliver  to  another,  anj  obscene, 
lewd  or  indecenl  book,  pamphlet,  picture,  card,  print,  paper, 
mould,  casl  or  figure. 

i"  circulate  or  distribute  or  cause   to   be  circulated 
listributed    any    pamphlets,    books    or    circulars    treating 
of  or  illustrating  any  of  the  diseases  of  the  sexual  organs. 

3,  ["o  appear  in  a  public  place,  or  in  any  place  open 
i..  public  view,  naked  ^r  in  an  indecent   or  lewd  dress. 

make  any  indecent  or  obscene  exposure  "t  his 
her  person,  or  t>>  urinate  <>r  stool  in  any  place  "pen 
public  vi. 

indecently    exhibit     any     horse,     hull     or    other 

be  guilty  of  prostitution  or  any   lewd,  lascivious, 

or    indecent    conduct. 

ttei         sp<  ak  an)   obscene  or  lewd  language. 
exhibit  orm    any    indecent,    immoral    or 

lewd  play  'T  "tiler  ntation. 

Sec.  1045.  Obtaining  money  or  goods  under  false 
pretenses.      It    -hall    be    unlawful    for    any    person,    by 

fraudulent    representation    or    pretense,    t<>    obtain    from 

another   person    any   chose   in    action,    money,   g Is,    wares, 

other    valuable    thing,    with    intent 

md    any    person    of    the    same:    provided,    the 

obtained    does    not    exceed    fifty 

It    -hall    be   unlawful    for   any    person    I"    enter    into 

public   I  place   and   call    for   refreshments  or   any 

md   receive  the   same  and   depart,  or 

from  without  paying  or  compensating 

in  charge  therefor. 

Sec.    1046.     Opium   dens.      It    -hall    be   unlawful    for   any 
maintain,  or   t • »   become   an    inmati 
n   any   way  contribute   to  the   support   of 
i  where  opium  is  smoked,  or  where 

S3 


830 

persons  assemble  for  the  purpose  of  smoking  opium  or 
inhaling  the  fumes  of  opium,  or  to  suffer  or  permit  any 
person  to  smoke  opium  or  inhale  the  fumes  of  opium  in 
any  premises  over  which  such  person  has  control :  provided. 
however,  that  the  provisions  of  this  section  shall  not  be 
construed  to  apply  to  the  keeper  of  a  house  or  place  where 
an  habitual  user  of  narcotic  drugs  is  harbored,  and  who 
at  the  time  is  under  the  professional  care  of  a  lawfully 
authorized    practitioner    of    medicine. 

Sec.  1047.  Personating  an  officer.  Acting  or  attempt- 
ing to  act  as  special  police  officer.  It  shall  be  unlawful  for  any 
person  to  falsely  represent  himself  to  be  an  officer  of  Sail 
Lake  City,  or  to  attempt  to  personate  an  officer  of  said  city, 
or  without  authority,  to  perform  any  official  act  or  For  any 
person  appointed  a  special  police  officer  to  act  or  attempt  to  act 
as  such  officer  at  any  other  place  in  the  city  than  the  place 
where  he  was  appointed  to  act :  or  to  attempt  to  act  as  such 
officer  after  one  year  from  the  date  of  his  appointment;  or  to 
wear  any  star  or  other  insignia  of  such  office  at  any  other 
place  than  the  place  where  he  was  by  his  appointment  to 
act;  or  to  wear  any  such  star  or  other  insignia  of  office  after 
one  year  from  his  appointment  to  such  office. 

Sec.  1048.  Petit  larceny  defined.  Petit  larceny  is  the 
felonious  stealing,  taking,  carrying,  leading  or  driving  away 
of  the  personal  property  of  another,  when  the  personal 
property  so  taken  is  of  a  value  not  exceeding  fifty  dollars. 
It  shall  be  unlawful  for  any  person  to  commit  the  offense 
of  petit  larceny.  The  possession  of  property  recently  stolen, 
when  the  party  in  possession  fails  to  make  a  satisfactory 
explanation,  shall  be  deemed  prima  facie  evidence  of 
guilt. 

Sec.  1049.  Posting  bills  without  permission.  It  shall  be 
unlawful  for  any  person,  acting  for  himself  or  through 
an    agent,    or    for    such    agent    to    print,    paint,    write,    mark 


831 

in   ,tii\    u.i\    post   up  an)    notice,   card,   advertisement   or 

upon   any   tree,  posl   or   pole,   upon   any   street 

iny  tunc  or  to  post  an)    such  notice,  cud.  advertisement 

•!ur  device  upon  an)   wall,  fence,  tree,  post,  pole,  building 

ither  property,  without   the  permission   of   the  owner  or 

ii  in  charge  thereof. 

1050.      Prisoners.      Furnishing    weapons,    tools,    in- 
toxicating  drinks   or   other   articles    to    prisoners    prohibited. 
It  shall  be  unlawful  for  an)   person  to  furnish  or  to  attempt 
to    furnish    or    take    into    the    cit)    prison,    or    to    deliver    or 
mpl    t<>   delh  n)    prisoner   therein    confined   or   in 

the  custod)   of  an)   officer  of  such  prison,  an)    weapon,  tool, 
■  Irmk.  drug  or  other  article   without    the  consent 
nicer  in  chai 

Sec.    1051.      Prostitutes.      It    shall    l>c    unlawful    for    any 

woman  to  pursue,  or  advertise  in  any  manner,  her  vocation 

tute,  or  to  be  guilty  of  prostitution. 

it    shall    be    unlawful    for    an)    prostitute    to    be    in    or 

upon  the  public  street-  of  Sail  Lake  City,  or  in  any  doorway, 

win. low     or    place    open    to    public    view     from    the    public 

illeys  of   Salt    Lake   City,   between   the   hour-   of 

m.  and  seven  o'clock  a.  m.  of  the  following 

stitute  be  on  lawful  business. 

Sec.    1052.      Public    library.       It    shall    be    unlawful    for 
mark,    tear   or   in   any    manner   injure,    del 
any  book,  pamphlet  or  other  propert)   of 
public  library.     It   shall  be  unlawful  for  any  person 

•urn    ,m\    ho^k.   pamphlet   or  other   propert) 
public    library    within    five   days   after    the    receipt 
from  the  librarian  thereof,  demanding  the  return 
such    property. 

Sec.     1053.       Reckless    riding    or    driving.       It     shall     be 
unlawful  for  an)   person,  by  rilling  or  driving  immoderately 


832 

or  recklessly,  to  run  any   horse,  mule  or  other  animal   at   an 
excessive  rate  of  speed  in  any  of  the  streets. 

Sec.  1054.  Registers  to  be  kept  in  hotels,  boarding 
houses,  rooming  houses  and  lodging  houses.  It  shall  be 
unlawful  for  the  keeper  of  any  hotel,  boarding  house,  lodg- 
ing house,  or  rooming  house  to  fail  to  keep  a  register  in 
which  such  keeper  shall  require  each  guest  to  write  his 
or  her  name  and  place  of  residence,  before  occupying  any 
of  such  sleeping  rooms;  or  to  fail  to  enter  on  such  register 
opposite  the  name  of  each  guest,  the  number,  letter  or  other 
designation  of  the  room  assigned  to  such  guest,  or  to  fail 
to  keep  such  register  open  to  public  inspection  at  all  times. 
Any  person,  be  he  owner,  proprietor,  clerk  or  any  other 
person  having  regular  or  temporary  charge  of  any  hotel, 
boarding  house,  lodging  house  or  rooming  house,  who  shall 
violate  any  provision  of  this  section  shall  be  deemed  guilty 
of  a  public  i  iffense. 

Sec.  1055.  Riot.  Any  use  of  force  or  violence,  disturb- 
ing the  public  peace,  or  any  threat  to  use  sucn  force  or 
violence,  by  two  or  more  persons  acting  together  and  without 
authority  of  law,  if  accompanied  by  immediate  power  of 
execution,  is  a  riot.  It  shall  be  unlawful  for  any  person  to 
participate  in  any  riot. 

Sewer.      Injury   to    Prohibited.      Sei      1099 

Snow  to  be   Removed   from  Sidewalks.     Sec.   1146. 

Sidewalks.    Obstructing.     Sec.   1139. 

Receiving  Goods  on.     Sec.  1140. 
Sidewalks.     Driving  or  Riding  on.     Sec.   1141 
Sidewalks,    (lames  cm.     Sec.  1142. 
Sidewalks      Loafing  on.     1145. 
Sidewalks.     Snow  to  be  Removed.     Sei     1146 
Sidewalks  to  be  Swept.     Sec  1148 

Sec.  1056.  Signs  over  streets,  etc.  It  shall  be  unlawful 
for  any  person  to  construct  or  maintain  any  signs  made  of 
paper,  muslin,  cloth,  or  Other  light  inflammable  material 
on  the  outside  of  any  building  or  structure  within  the  fire 
limits. 


833 

Sec.  1057.  Streamers,  etc.  li  shall  be  unlawful  for  any 
person,  firm  or  corporation  to  construct,  erect  or  maintain 
anj    streamers,  banners  -.  or  suspend   the  same  o 

an)  public  street  or  alley  of  Salt  Lake  City  without  obtaininga 
do  from  the  board  of  commissioners,  application 
for  which  shall  specif)  the  width  and  length  of  sai<l  streamers, 
banners  or  signs,  the  height  the  same  shall  be  suspended 
from  the  pavements,  and  the  length  of  time  the  same  is  de- 
sired t"  remain. 

1058.     Unlawful  to  maintain  signs,  etc.      It  shall  be 
unlawful   for  any  person   to  maintain  any   such   sign,   banner 
imer  after  the  expiration  of  any  permit  given  as  pro 
I  in  tln>  ordinance. 

Sec.  1059.     Street  cars.     Crossings,     li   shall  be  unlawful 

person    t"    drive    or    propel    in    any    manner,    any 

ross    any    street    intersection    in    the    districl 

nded  on   the   north   by   the   north   line  of   South   Temple 

n   the  east   by   the  east   line  of  State   street,  on   the 

th    l>_\    the    south    line    oi    Fourth    South    street,    and    on 

the   west   by   the   west   line  of   West   Temple   street   without 

full    stop   within   ten   feet   of   such    intersection, 

nding  the  gong  of  such  car  before   starting 

shall   I"'  unlawful   t.>  propel,  drive  or  m.'|>  any   street 

in   the  paved  >li>tric;    so  as  to  obstruct   any  cross-walk 

ion. 

Sec.  1060.  Sunday.  Performing  unnecessary  labor  or 
business  on.     It   shall  be  unlawful  f.>r  any  person  to  perform 

•    >1"  any  business  on  Sunday,  ex 
the    labor    performed    by    employes    of    such    works    a-    are 

■  rati,  iti 

Sec.     1061.      Trespass.      It    shall    be    unlawful     for    any 
ike  down   any    fern  to   let   ib  >w  n   any   bar-. 

tny   enclosun 


834 

ride,  drive,  walk,  lodge,  camp  or  sleep  upon  the  premises 
of  another  without  the  permission  of  the  owner  or  occupant 
thereof. 

Sec.  1062.  Vagrancy  defined.  Every  person,  except  an 
Indian,  without  visible  means  of  support,  who  has  the 
physical  ability  to  work,  and  who  does  not  seek  employ- 
ment, nor  labor  when  employment  is  offered  him ;  every 
healthy  beggar  who  solicits  alms  as  a  business:  every 
person  who  roams  about  from  place  to  place  without  any 
lawful  business:  every  idle  or  dissolute  person,  or  associate 
of  known  thieves,  who  wanders  about  the  streets  at  late 
or  unusual  hours  of  the  night,  or  who  lodges  in  any  barn. 
shed,  simp,  out-house,  or  place  other  than  such  as  is  kept 
for  lodging  purposes,  without  the  permission  of  the  owner 
or  party  entitled  to  the  possession  thereof;  every  lewd  or 
dissolute  person  who  lives  in  and  about  houses  of  ill  fame, 
every  woman  who  from  doorways,  on  the  street,  or  any  other 
place,  solicits  men  for  immoral  purposes,  every  common 
prostitute,  and  every  common  drunkard,  is  a  vagrant. 

Any  person  who  commonly  practices,  or  who  follows 
the  occupation  of  exacting  money,  tribute  or  support  from 
any  person  by  means  of  threats,  or  coercion,  for  any  pur- 
pose whatsoever,  shall  be  deemed  a  common  vagrant. 
It  shall  be  unlawful  for  any  person  to  be  a  vagrant  within 
the    limits   of   Salt    Lake   City. 

Weeds.      Sec.    1144. 

Sec.  1063.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars, 
or  by  imprisonment  in  the  citv  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter 
as  a  part  of  the  judgment,  that  in  default  of  the  payment 
of  the  fine  the  defendant  may  be  imprisoned  in  the  city 
jail   for  a  period   ti.it    exceeding   thirty  days. 


835 


CHAPTER    XLVI. 
PUBLIC   W  <  IRKS. 

Section  1064.  Board  of  Commissioners.  Powers.  The 
mmissioners  shall  have,  p — ess  and  exercise  all 

utive,  administrative  and  legislative  powers  and  duties 
now  had,  possessed  and  exercised  by  the  mayor,  city  council 
and  board  of  public  works. 

Sec.    1065.      In   construction   of   public   works    citizens    of 

the  United  States  given  preference.     In  employing  workmen 

the  construction  "i  public  works  b)   the  municipality 

ns  contracting  with  the  municipality,  preference 

-tin.il  be  given  citizens  of  the  United  States,  or  those  ha 

tlu-ir    intentions    of    becoming    citizens.      In    each 
the  construction  of  public  works  the  provisions 
shall  be  inserted  to  the  effeel   that   it'  the  provisions  of  this 
itc  nut  complied  with  tin-  contract  shall  be  void. 

Sec.    1066.      Contracts.      Every    contract    made    by    -aid 

shall   contain    such    stipulations    as   shall    require    the 

•ud  maintain  good  and  sufficient   guards, 

■   all  unsafe  |  it  or  mar  where 

rk   "r   improvement    contemplated   by   tin-   contractor 

also  such  stipulations  a-  will  render 

■id  In-  bondsmen  in  every  case  liable  t<>  the 

any   liability   that   it    may   incur   for   any   injury   that 

iffer    bj    reason    of    the    failure    t"    erect 

•i    such    good    and    sufficient    barricades,   guards 

•  -hall  also  contain  a  provision,  that 

injury  t..  any   person   -hall   arise  by   reason   of 

nd  maintain  such  barricade-,  guards  and 

hi- 


836 

agents  or  employes,  during  the  performance  of  the  contract 
or  before  the  warrants  to  become  due  on  the  contract  shall 
have  been  delivered,  the  city  and  its  officials  may  withhold 
such  payment  so  long  as  shall  seem  necessary  for  the  indem- 
nity of  the  city.  Such  contracts  shall  also  contain  a  pro- 
vision that  when  the  contractor  shall  remove  any  earth  from 
any  street,  alley  or  other  public  place,  the  same  shall,  when 
replaced,  be  solidly  tamped,  and  shall  make  such  further 
rules  and  regulations  in  the  said  city's  behalf  as  will  insure 
full  protection  to  the  city  from  loss  or  liability,  and  make 
such  further  stipulations  in  such  contracts  as  will  insure  the 
city  from  all  loss  or  liability  that  may  arise  by  reason  of 
the  carelessness  and  all  negligence  of  such  contractors,  their 
agents  or  servants. 

Sec.  1067.  Specifications.  Advertisements.  It  shall  be 
the  duty  of  the  board,  in  connection  with  the  city  engineer, 
to  supervise  and  prepare  all  specifications  for  sewer  work, 
paving,  macadamizing  or  repaving,  or  other  work  when 
necessarv  to  be  let  by  contract,  and  to  advertise  for  bids 
fiii'  the  work  to  be  done  for  a  period  of  nut  less  than  twenty 
days,  in  a  newspaper  of  general  circulation,  published  in  the 
city,  and  in  such  other  additional  journals  as  may  be 
deemed   expedient. 


837 


CHAPTER    XLVII. 

Ml  Rl  >ADS,  STREET    R  \H.K<  '  VDS. 

Section  1068.    To  repair  sewers,  street  crossings,  etc.    All 
structing  railroads  within  the  limits  of  Salt   Lake 

ibject  t"  the  following  regulations: 
hall,  at    their  own    expense,    construcl    and    keep 
in  pair    all     water    ducts,     sewers,     drains,     street 

ing  basins,  and  all  fixtures  connected  there 
I  with  the  distribution  of  water  or  sewage  in  said 
be    affected    thereby.      The    construction, 
nd  repairs  must  be  done  under  the  direction  of 
streets  and  public  impi  ents  and  sub- 

the  approval  of  the  board  of  commissioners. 

Sec.  1069.     Viaducts  and  bridges.     Tracks  on  grade.      \11 
raid  panies  shall,  at  their  own  expense,  construct  via- 

—  streets,  now  existing  or  here- 

ecting    the    embankments    or   excavation 

is;    they    shall    als"    make    such    grades    or 

pinion  of  the  board  of  commissioners, 

uired    to    make    the    passage    over    the    railroad 

isy  and  convenienl    for  all   the   purposes   for 

usually  used;   and    they   shall    make   such 

tln-ir  embankments  and  excavations  may 

quired  l>y  the  board  of  commission 
ble    viadi  er    all    streets    when    life    or 

ie  endangered  l>y  the  ordinary  public  usi 

hich   such   railroads   arc 

'I  make  their  railroad  tracks  conform 

ifter  be,  the  established  grade  of  the 

through   which   their  railroads   pass;  and  no 


838 

company  shall  have  the  right  to  take  up,  remove,  carry  away, 
or  cause,  or  permit  to  be  taken  up,  removed,  or  carried  away, 
any  rock,  gravel,  earth,  or  other  material  from  any  street 
or  public  place,  for  any  purpose,  except  by  permission  of 
the  board  of  commissioners,  and  under  the  direction  of  the 
supervisor  of  streets  and  public  improvements.  All  rail- 
road companies  shall  plank  between  all  rails,  and  for  two 
feet  on  either  side  of  the  outer  rail,  on  all  streets  that 
cross  the  said  tracks,  said  planking  to  be  for  the  full  width 
of  said  cross  street  and  sidewalks,  unless  otherwise  directed 
by  the  board  of  commissioners. 

Sec.  1070.  Obstructions.  If,  at  any  time  after  the  com- 
mencement of  the  construction  of  any  railroad,  it  shall 
appear  to  the  board  of  commissioners  that  any  pan  thereof 
shall  constitute  an  obstruction  or  impediment  to  the  ordinary 
use  of  any  street  or  place,  or  that  it  is  being  operated  con- 
trary to  the  regulations  of  the  city,  the  said  railroad  company 
shall,  on  notice  from  the  board  of  commissioners,  and  within 
the  time  therein  specified,  provide  a  remedy  satisfactory  to 
said  board;  should  the  said  company  neglect  or  refuse  to 
obey  the  directions  of  such  notice,  the  board  of  commissioners 
•may,  upon  the  expiration  of  the  time  limited  in  such  notice, 
cause  the  obstruction  or  impediment  to  be  removed,  and  the 
street  or  place  restored  at  the  expense  of  the  said  railroad 
company. 

Sec.  1071.  Crossing  other  tracks.  Nothing  in  any  ordi- 
dinance  or  resolution  granting  a  right  of  way,  or  franchise 
for  a  railroad,  shall  be  construed  to  prohibit  the  board  from 
granting  permission  to  any  other  railroad  company  to  cross 
any  railroad  track  already  laid,  and  when  any  railroad  shall 
intersect  any  other  railroad,  the  rails  of  each  shall  be  so  cut 
or  altered  as  to  permit  the  cars  to  pass  without  obstruction. 
It  shall  be  unlawful  for  any  person  to  wilfully  obstruct  any 
railroad  in  the  manner  herein  prohibited.  The  tracks  of  all 
railroads  shall  be  laid  in  the  center  of  the  streets,  unless 
otherwise  directed  by  the  board  of  commissioners. 


839 

Sec.  1072.  Speed.  Ii  shall  be  unlawful  for  any  person 
to  nm  any  locomotive,  nam  or  cars  operated  bj  -tram. 
between  Ninth  South  street  and  Eighth  North  street  in 
Sail  Lake  Citj  at  a  greater  speed  than  twelve  miles  per 
hour. 

Sec.    1073.     Bells.      It    -hall   be  unlawful    for  any   person 

ployed  "ii   a  locomotive  to   fail  to  continuously   ring  the 

bell   "ii   such   locomotive   while   in  motion   in    the   inhabited 
portions  of  the  city. 

Sec.   1074.     Crossings.      Ml  locomotives,  car-  and   trains 

required  to  come  t"  a  full  stop  before  crossing  any  other 

of   railroad,   and   at    a   distance   of   ii"t    loss   than    fi 

therefrom;  and  when  two  train-  arrive  at  the  same  cross- 

ultaneously,  the  train  on  the  first   constructed  track 

shall  have  precedence  in  crossing.     It   shall  be  unlawful  for 

person   to  permit  any  train,  engine  or  cars  to  stand   in 

or  sidewalk  or  crossing  so  as  to  obstruct 

ordinary   travel   thereon,   or    t"   operate    -witch    engines 

struct    the    free    passage    over    or    the 

>  if  said  stn 

Sec.    1075.      Rights   reserved   to  the   city.       The   rights   of 

he  kind  i    in  be  used  in   the  city  in  pro- 

pellii  "ii   and   along  railroads,   and   the   speed   of   the 

er  with  the  price  of  the  license  <>r  tax  to  be  paid 

by   virtue  of  any   grant    "r   contract,   be 

such  right  passes  to  the  grantee;  l>m 

r    with   all    other   powers  I    in    the 

mmissioners    for   the    regulating,   controlling   or 

id  city, 

ined   and   reserved. 

Sec.  1076.  Regulating  running  of  street  cars,  carrying 
passengers,   etc.      It    shall    unlawful    for   any   person,    firm    or 

rating   an)    street    railway    within 


840 

the  corporate  limits  of  Salt  Lake  City,  to  run  any  car  on  or 
over  any  track  so  owned  or  operated,  without  having  in 
charge  of  such  car  a  motorman  and  a  conductor.  When  more 
than  one  car  is  attached  to  a  motor  car,  each  such  car  shall 
be  in  charge  of  a  conductor. 

Sec.  1077.  Hauling  freight  prohibited.  It  shall  be 
unlawful  for  any  person,  firm  or  corporation  operating  a 
street  railway  under  a  franchise  or  charter  from  Salt  Lake 
City,  to  haul,  carry  or  transport,  or  suffer  or  permit  to  be 
hauled,  carried  or  transported  over  or  upon  the  track  or 
tracks  of  such  street  railway,  within  the  limits  of  Salt  Lake 
City,  an}'  matter  or  thing  except  passengers,  parcels  or  bag- 
gage of  such  passengers,  -and  United  States  mail,  unless 
permitted  so  to  do  by  the  terms  of  the  franchise,  or  special 
permission  so  to  do  is  given  by  the  board  of  commissioners 
of   Salt    Lake   City. 

Sec.  1078.  Flagmen  at  crossings.  That  the  Denver  & 
Rio  Grande  Railroad  Company  be,  and  it  hereby  is  required 
to  station  and  keep  a  flagman  continuously  between  the 
hours  of  6  o'clock  a.  m.  and  12  o'clock  midnight  of  each 
and  every  day,  at  each  of  the  following  places,  for  the 
purpose  "i  warning  pedestrians,  drivers  of  vehicles,  street 
cars  and  others  crossing  its  tracks,  of  the  approach  of  its 
engines  and  cars : 

At  Second  South  street,  between  Fifth  West  and  Sixth 
West  streets,  where  its  tracks  cross  said  Second  South 
street;  at  Fourth  South  street  and  Fifth  West  street,  where 
its  tracks  cross  said  Fourth  Smith  street;  at  Sixth  South 
and  Fifth  West  streets,  where  its  tracks  cross  said  Sixth 
South  street:  and  at  Seventh  South  street  and  Fifth  West 
street,  where  its  tracks  cross  said  Seventh  South  street. 
It  shall  be  unlawful  for  any  person  maintaining  or  oper- 
ating a  railroad  within  Salt  Lake  City  to  fail  or  refuse  to 
station  and  keep  flagmen  at  such  crossings  and  for  such 
time  each  day  as  may  lie  required  by  resolution  of  the  board 
of   commissioners. 


841 

1079.  Penalty.  Upon  failure  to  comply  with  each 
and  all  of  the  provisions  of  Sec.  1078  of  this  ordinance,  sail! 
Denvei    &    Rio  Grande    Railn  npany   --hall    be   deemed 

guilt)  of  violating  this  ordinance,  and  upon  conviction  thi 

shall  be  punished  In  a  fine  of  nol  more  than  fifty  dollars, 
.md  each  day  said  compan)  shall  fail  to  comply  with  each 
and   all   of   the   terms  of   said   Sec     1078   shall   he   deemed   .i 

irate    offense,    ami    upon    conviction    shall    he    punished 

rdingly. 

Sec.  1080.     Speed  of  street  cars.     It  shall  he  unlawful  to 

run  _;reater  rate  of   speed    than    i<   herein 

i>u    Main    street,   State    street    ami    West 

pie    street    between    the    north    line    of    South    Temple 

nth  line  of  Seventh   South  street,  on   South 

Second  South.  Third  South  ami   Fourth 

•h   -trcct^  between   the   east   line   of   Second    Easl    street 

ami  the  west  line  of  West  Temple  street,  the  rate  of   speed 

cceed   nine   miles   per   hour,     tin   all   other   streets 

the  :  shall  not  exceed  twelve  miles  per  hour.    <  »n 

ir   \laduct   the   rate  of   -peed   shall    not    exceed    five 

es   per   hour.      No   car   shall    pass  around    any   curve   at    a 

-peed   than   five  miles  per  hour. 

Sec.     1081.       Cars     to     be     provided     with     gongs,     etc. 
All  shall     be     provided      with     a     gong,     bell      or 

whistle,    which    shall    be    sounded    within    a    reasonable    dis 

md    while    crossing    any    intersection 

d  north  by  the  n<  >rth   line 

.  on  the  south  by  the  south  line  of 

-:  by  the  east  line  i  if  Sea  md 

■  by  the  wesl  line  of  Second  West 

tnd  >uch  gong  shall  also  be  sounded  at  all  times  and 

the    first    appearance    of    danger    to    any 

n.  anim  hide. 

1082.     Drivers  of  approaching  cars  to  exercise  great 
care.         When      any  shall      approach      another      car 


842 

which  has  been  stopped  to  take  on  or  let  off  passengers,  or 
for  any  other  purpose,  the  operator  of  the  first  mentioned 
car  shall  approach  such  car  with  the  greatest  care  and  cau- 
tion, and  at  the  lowest  rate  of  speed  possible,  and  said  first 
mentioned  car  shall  be  under  the  complete  control  of  the 
person  running  the  same;  the  person  running  said  car  shall 
sound  its  bell  or  gong  as  it  approaches  such  car,  and  shall 
sound  its  bell  or  gong  continuously  until  such  car  shall  have 
been  passed. 

Sec.  1083.  Cars  not  to  block  crosswalks,  etc.  \"o  car 
shall  be  allowed  to  stop  so  as  to  block  a  crosswalk,  nor  in 
front    of   any    intervening   street,    except   to   avoid    collisions, 

or  to  prevent  danger  to  persons  or  property  in  the  street ; 
nor  shall  the  car  be  left  standing  in  any  street  or  highway 
at  any  time  unless  the  same  be  waiting  for  passengers. 

Sec.  1084.  Cars  to  be  kept  under  control,  etc.  The 
conductor,  motorman  or  other  person  in  charge  of  each 
car  shall  keep  a  vigilant  watch  for  all  teams,  vehicles, 
persons  on  foot,  and  especially  for  children,  either  on 
the  track  or  tracks,  or  near  the  same,  or  moving  toward 
the  same,  and  on  the  first  appearance  of  danger  to  such  team, 
vehicle  or  person,  said  car  shall  be  placed  under  careful 
control,  and  shall  be  stopped  in  the  shortest  time  and  space 
possible. 

Sec.  1085.  Cars  to  be  marked,  etc.  All  cars  shall 
be  plainly  marked  on  both  sides  with  appropriate  lettering, 
indicating  the    street.-,   or   routes   upon    which    the    same    run. 

Sec.     1086.       Gong    to    be    sounded,    etc.       Where     the 
cars    stop    at    the    end    of    a    track    or    route,    such    car    shall 
sound   its   bell   or   gong  at    least    one   minute   before   starting  • 
on    its    return    trip. 

Sec.  1087.  Fenders  on  street  cars.  It  shall  be  unlawful 
for  any  person  owning,  operating,  running  or  in  charge  of  anv 


843 

propelled  by  electricity,  cable  or  other  motive  power, 
except  snow-plow  car-  and  sweeper  cars,  to  operate  or  run 
such  car  upon  any  street,  unless  such  car  is  equipped  with 
fenders  projecting  beyond  the  front  platform  of  such  car. 
and  designed  t"  catch  and  sustain  and  prevenl  injurj  to 
anj    human    being    who    may    be    in    the    way    of    such    cai  . 

that  when  two  or  n  upled  and  oper 

ated  and  run  together,  such  lenders  shall  he  attached  to  the 

car.  but  need  n«  >i  be  attached  to  the  others. 

Sec.    1088.      Penalty.      Any    person,    firm,    company    or 

■  ■r.iti"u.  or  any   employe,  agent   or  servant   of  any   such 

■n.   firm,  company    or  corporation   violating   any    of   the 

ns  of   thi-  ordinance   shall,   upon   conviction   thereof. 

be  punished  bj    a   fine  of  not   less   than   $25   nor   mine   than 

imprisonment  in  the  city  jail  not  more  than   six 

•!i-.  or  by  both  such  fine  and  imprisonment. 


CHAPTER   XLVIII. 

REVENUE. 

BOARD  OF   ESTIMATE  AND  APPORTIONMENT. 

Sec.  1089.  Board  of  estimate  and  apportionment.  There 
shall  be  a  board  of  estimate  and  apportionment  which  shall 
consist  of  the  mayor,  commissioners  and  auditor.  The  mayor 
shall  be  president,  and  the  city  recorder  shall  act  as  secre- 
tary thereof. 

Sec.  1090.  Estimates  of  anticipated  revenues  and  esti- 
mates of  expenditures  and  apportionment  of  the  estimated 
revenues.  Meetings  of  the  board  shall  be  held  upon  the  call 
of  the  president  or  as  directed  by  the  board.  The  first 
regular  meeting  shall  be  held  on  the  second  Monday  of 
January  of  each  year,  and  shall  continue  from  day  to  day 
as  may  be  necessary.  The  second  regular  meeting  shall  be 
held  in  the  month  of  July  of  each  year  as  hereinafter  pro- 
vided. At  the  first  regular  meeting  the  board  shall  make 
an  estimate  of  the  anticipated  revenues  of  the  fiscal  year. 
showing  the  source  of  each  item  of  revenue.  The  board  at 
the  same  time  shall  make  an  estimate  of  the  several  sums 
of  money  which  it  deems  necessary  to  pay  the  expenses  oi 
conducting  the  business  of  the  city  in  each  department  and 
office  thereof,  and  for  the  various  purposes  contemplated  by 
this  ordinance  and  otherwise  by  law  for  the  fiscal  year,  and 
also  to  pay  the  principal  and  interest  on  any  city  indebted- 
ness falling  due  during  the  year  not  otherwise  provided    for. 

The  head  of  each  subordinate  department  --hall  submit  to 
the  commissioner  of  such  department,  for  submission  to  the 
auditor  not  later  than  the  31st  day  of  December  of  each 
year,  a  detailed  estimate  of  expenditures  required  for  the 
ensuing   year.      Every   item    of   expense   or    improvement    for 


845 

which  an  apportionment  is  desired  shall  be  separate^  shown. 
The  auditor  acting  as  member  of  the  board  shall  submit  to 
i1k-  board  a  detailed  estimate  of  anticipated  revenues  show 

i  each  item  of  revenue  and  a  detailed  st; 
ment  showing  the  actual  expenditure:  h  department  or 

d   with  the  amounts  estimated   l>\    the   In 
lepartments  or   boards,      [n   case   the   board    reduces   the 
of    expenditures    submitted    by    the    head    of    any 
irtmenl  ;.  the  head  of  such  department  or  board 

given   a   hearing   before    the   board   determines    the 
ippi  irtioned. 
regular  meeting  of  the  board   shall   be  held 
during  the   month  of  July   of  each   year,   the   <la\    following 
the  cit)    commission  at   which   the   resolution 
ring  "ii  the  real  and  personal  property  within 
■  ■■    made    taxable    by    law.      At    such    second    regular 
ard  --hall  determine  the  estimated   diffen 
ted    revenues   to   be   derived   under   said 
■it    "t    the    commission    and    the    estimated    revenues 
submitted   \<>  the  commission,   and   shall   consider 
ach  department  or  board  foi 
.  and  the  requests   for  additional 
and    the    board    shall    make    such     further 
lay   be   deemed   necessarj    and    that   can 
vithin    the    limits    of    the    estimated    additional 

made  l>\    said  board,  they  shall 

rd  "t"  commis  n  there- 

■I   -hall   have  adopted   the   estimates 

une  -hall  lie  entered   in   detail   in  the 

■n.     The  several  sums  contained 

i  nues  and  ..t'  moneys  necessarj 

in   addition   thereto,   t..   paj    the   ex- 

usiness  of  the  city,  shall   be  and 

amounts    and    for    the    several 

I     purposes     named     therein     for     the 


846 

The  several  officers,  boards  and  departments  of  the 
city  shall  be  governed  by  the  apportionment,  and  no  debts, 
expenses  or  liabilities  shall  be  incurred,  either  in  excess  or 
independent  of  the  amounts  respectively  allotted  to  said 
officers,    boards     or     departments,     except     as    provided     in 

Sec.  905  of  these  ordinances. 


847 


CHAPTER    XLIX. 

SE  \l.    (  »F    SAL  I     L  \KI     I   I  IT. 

Section  1091.     Description  of  seal.     The  corporate  seal  of 

Lake    City    -li:i 1 1    be   circular    in    form,    nol    to    exo 

and  three-fourths  inches  in  diameter,  and  shall  contain 

in  n>  impression,  in   the  center  thereof,  a   fac-simile  of  the 

\    and  county  building  and   underneath   it,  the   words 

the  whole  surrounded  by  a  scroll  and  the 

Is  "Salt    I  ,ake  i  1 1 \".  Utah." 


848 


CHAPTER    L. 

SECOND     HAND     AND    JUNK    DEALERS. 

Section   1092.     Second  hand  dealer  defined.     Any  person 

who  keeps  a  store,  office  or  place  of  business  for  the 
purchase  or  sale  of  second  hand  clothing  or  garments  of 
any  kind,  or  second  hand  goods,  wares  or  merchandise, 
except  books,  musical  instruments  and  curiosities,  or  who 
engages  in  the  business  of  dealing  in  second  hand  goods,  is 
hereby  declared  to  be  a  second  hand  dealer. 

Sec.    1093.     Junk   dealer   defined.      Any    person    engaged 

in  buying  and  selling  old  metals,  glass,  rags,  rubber, 
paper  or  other  junk  is  hereby  declared  to  be  a  junk  dealer. 

Sec.   1094.     Dealing  with  minors  prohibited.      It    shall   be 

unlawful  for  any  second  hand  or  junk  dealer  by  himself,  his 
agents  or  servants,  to  purchase  or  receive  any  personal 
property  of  or  from  any  minor  under  the  age  of  eighteen 
years. 

Sec.  1095.  Record.  It  shall  be  unlawful  for  am  second 
hand  or  junk  dealer  to  fail  to  keep  a  substantial  and 
well  bound  book,  in  which  he  shall  enter  at  the  time  of 
purchase,   in    the    English    language: 

First.  A  true  and  accurate  description  of  every  article 
purchased  by  him. 

Second.     The  name,  age  and  residence  of  the  vendor. 

Third.     The    amount    paid. 

Fourth.     The  date  and  hour  of  purchase. 

All  entries  shall  be  made  with  ink  in  a  legible  manner. 
All  records  of  second  hand  dealers  and  junk  dealers  shall 
be  open  to  inspection  by  any  police  officer  at  any  time. 


849 

Sec.    1096.     Penalty.      Am    person    violating   any   of   the 

irdinance  shall,  upon   conviction   thereof, 

he  punished  by  a  fine  in  any  sum  net  exceeding  fifty  dollars 

by  imprisonment  in  the  city  jail  for  a  period  not   longer 

than  thirty  days.     The  court  may.  in  imposing  a  fine,  enter 

the  judgment,  that  in  default  of  the  payment  of 

the   fine   the  defendant   may  be   imprisoned    in    the   cit)    jail 

riod  not  exceeding  thirty  days. 

19,  Pawnbrokers. 

nd-1  land   I  )ealer's  I  .ici 


830 


CHAPTER    LI. 
SEWERS. 

Section  1097.  Sewer  districts.  There  shall  he  two  sewer 
districts,   described    as   follows: 

Beginning  at  the  intersection  of  the  north  boundary 
line  of  Salt  Lake  City  and  the  center  line  of  Section  14, 
township  1  north,  range  1  west.  Salt  Lake  meridian:  thence 
south  to  the  center  of  Section  23,  township  1  north,  range  1 
west:  thence  east  to  the  center  line  of  the  countv  road, 
called  Beck  street;  thence  southeasterly  along  the  center 
line  of  Beck  street  to  the  intersection  of  the  center  line  of 
•  iarnet  avenue  in  the  "Warm  Spring  subdivision ;"'  thence 
south  to  the  center  of  block  107.  plat  "A;"  thence  east  to  the 
center  line  of  Third  West  street  ;  thence  south  to  the  center 
line  of  Eighth  North  street ;  thence  east  to  a  point  opposite 
the  center  of  block  156,  plat  "A  ;"  thence  south  through  the 
center  of  said  block  156  to  the  center  of  block  151,  plat  "A:" 
thence  east  to  the  center  line  of  Second  West  street :  thence 
^outh  to  the  center  line  of  Sixth  North  street;  thence  east 
in  a  point  opposite  the  center  of  block  139.  plat  "A:" 
thence  smith  through  blocks  139  and  132  to  the  center  of 
block  121,  plat  "A;"  thence  west  to  the  center  of  block  120, 
plat  "A;"  thence  south  to  the  center  of  block  115.  plat 
"A;"  thence  west  to  the  center  line  of  Third  West  street; 
thence  south  to  the  center  line  of  Second  North  street; 
thence  west  to  a  point  opposite  to  the  center  of  block  101, 
plat  "A;"  thence  south  through  the  center  of  said  block 
101  to  the  center  of  block  98,  plat  "A;"  thence  west  to  the 
center  line  of  Fourth  West  street;  thence  south  to  the  center 
line  of  South  Temple  street:  thence  east  to  a  point  opposite 
the  center  of  block  80,  plat  "A  ;"  thence  south  through  the 
center  of  said  block  80  to  the  center  of  block  65.  plat  "A  ;" 
thence  cast    to  the  center  line  of  Third   West  street:   thence 


85] 

h  to  the  center  line  of  Second  South  streel  ;  thence  ■ 
.  point  opposite  the  center  of  block  61,  plat  "A;"  then 
h    to   the   center  of   said   block   61;   thence   easl    to   the 

i  i'    line  5<     ■nil    \\  est    street  ;    thence    south    to    the 

center   line   of   Third   Smith   street;   thence   east    to   a   point 

the  center  of  block  49,  plat   "A;"  thence   south   to 

1  block  49;  thence  easl  to  the  center  lim 

■  ;  thence  smith  to  the  center  line  of  Fourth 

t;  thence  east   to  a  point   opposite   the  center  of 

k  41,  plat  "A;"  thence  south  to  the  center  of  said  block 

41;  then  through  blocks  41.  -In  and  39  to  the  center 

line  thence  south  t"  the  center  line  of  Fifth 

street;    thence    east    to   a   poim    opposite    the    center 

\  ;"    thence    south    to    the    center    of    said 

;:   thence  east    to  the  center  of   Mock   36,   plai    "A;" 

•he  center  of  block  ll».  plat  "A:"  thence  easl 

block   21,   plat    "I'.;"    thence    south    to    the 

ter    line  -  Soutl     street;    thence    easl    to    the 

mirth   1  thence   south   to  a  point 

nter    of    block    9,    plat    "!'.:"    thence    east     to 

lid    block  9;    thence    south    to   the   center   of 

plat    "I'.;"    thence    east    to    the    intersection    of    the 

St    street:   thence    south    to    the    center 

Twelfth    South    street,    said    center    line    being    the 

'are    line    of    Salt     Lake    City.      All    that    portion 

lyin.  died    dividing    line    shall    be 

1   and   that   portion    lying   wesl    of   said 

i    Sewer  I  >i-trict   No.  _' 

Sec.   1098.     Superintendent.     The  citj    engineer  shall   he 

ntendent    of    sewers,    and    the    entire    sewer 

•     hi-    immediati  supervision 

Sec.    1099.      Injuring   sewer  prohibited.      It    -hall    he    nn- 

vilfully  injure,   break,  or   rei 


852 

any   part   or   portion   of   any   sewer   or   any   sewer   appliance 
or    appurtenance. 

Sec.  1100.  Obstruction.  It  shall  be  unlawful  for  any 
person  to  empty  or  discharge  into  the  public  sewers  any 
night  soil,  garbage  or  other  similar  matter,  or  any  matter. 
or  thing  likely   to  obstruct  the   sewer. 

Sec.  1101.  Man-hole  covers.  It  shall  be  unlawful  for 
any  person  t<>  open  any  sewer  man-hole  without  permission 
from   the  superintendent  of  sewers. 

Sec.  1102.  Discontinuance  of  privy  vaults  and  cesspools. 
It  shall  be  unlawful  for  the  owner  or  owners  of  any  property 
within  this  city,  or  his,  her  or  their  agent  or  agents,  or 
other  person  or  persons  having  charge  of  or  occupying  such 
property,  said  property  being  located  upon  any  street,  alley, 
court,  passageway  or  area,  and  within  four  hundred  feet  of 
a  sewer  along  any  street  or  alley  of  this  city,  to  neglect 
nr  refuse,  for  the  period  of  twenty  days  after  notice  from 
the  board  of  health  of  this  city,  to  discontinue  the  use  of. 
clean  out,  disinfect  and  fill  up  all  privy  vaults  and  cess- 
pools on  such  propiTty,  or  to  neglect  or  refuse  for  such 
period  after  such  notice  to  remove  the  scat  or  seats  from 
all  outside  closets  on  such  property. 

Sec.  1103.  Sewer  connections.  It  shall  be  unlawful  for 
any  person  to  connect  any  drain  or  sewer  pipe  with  the 
public  sewer,  unless  such  person  is  a  duly  licensed  drain- 
layer  or   plumber. 

Sec.  1104.  Permit.  It  shall  be  unlawful  for  any  person 
to  commence  or  to  carry  on  the  work  of  laying,  repairing, 
altering  or  connecting  any  sewer  pipe  with  the  public  sewer, 
without  first  having  a  permit  so  to  do  from  the  super- 
intent    of    sewers.      Such    permit    must    be    on    the    ground 


853 

during   the   whole  time  the   work   is   in   progress,  and   must 
iny  person  demanding  to  see  it. 

Sec.   1105.     Application  for  permit.     Plans.     Fees.    Appli- 

permit   for  sewer  connections   huim   be   made   in 

writing   by   the   owner   of   the   premises,   or    his   authorized 

ind   must    be  accompanied   by  a    plan,   showing   the 

mnection,  its  size  and   the  size   and   location 

tii   be   connected    with   it.     The   application 

ier  with  a  fee  of  $1,  shall  be  deposited  with 

the  superintendent  of  sowers,  which  plan  shall  be  examined 

I  erintendent   of   sewers,   and   if   in   his   judgment, 

rying  oul   of  such   plan   will   cause   no  injur)    to   the 

n   which   the   sew  In   to  be  connected   with   is 

the    carrying    out    of    improvements    projected, 

after  be  made  "ti  said  street  or  prejudicial 

the     interests    of    persons     whose     property     has     been 

onnected    with   said   sewer   and   that 

all  thin.  inform  to  the  ordinances  of  the 

then   the  application   t"   connect    with   the   sewer   shall 

t"   the   provisions   of   these   ordinances. 

n-    shall    be    put    into    line    and    grades 

bj     the    citj     engineer,    who    shall     prepare    a 

mnection    and    file    such    plat    in    his    office. 

rtd  filing  the  engineer  shall  collect  a  fee 

ti    ii"    permit    shall    be    issued    for,    nor 

nnection   !>c   made   with   what    is   known   ;h    the 

the     fixtures     in     the     house    or 

nnected   with  said  sewer  are  lower  than 

the  •    of  the  sewer  on   Fifth  South  street   at 

sew  er  al    Eighth   \\  esl   and 

Sec.   1106.     Revocation  of  permit.      Ml  permits  for  sewer 

plumber  or  drain-layer  who 
n   the  board  of  commissioners  may.  at 
e   w.irk  or  other  cau 


854 

or   upon    the    request    of    the    person    at    whose    instance    the 
permit  is  issued. 

Sec.  1107.  Discharge  of  surface  water  prohibited.  It 
shall  be  unlawful  for  any  person  to  connect  with  the  public 
sewer  any  drain  or  pipe  which  discharges  rain  water,  cellar 
or  surface  water,  or  the  contents  of  any  spring,  creek,  ditch 
or  other  water  course,  or  any  steam  exhaust  or  blow-off. 

Sec.  1108.  Other  pipes.  It  shall  be  unlawful  for  any 
person  to  lay  any  gas  or  water  pipe,  or  other  conduit  within 
two  feet  of  any  public  sewer. 

Sec.  1109.  Sewer  connections,  etc.  h  shall  be  unlawful 
for  any  person  to  construct  or  attach  any  private  drain  with 
the  public  sewers  of  Salt  Lake  City,  except  upon  full 
compliance   with   the   provisions   of   this   ordinance. 

All  drain  pipes  shall  be  not  less  than  four  1 4 1  nor 
more  than  six  (6)  inches  internal  diameter,  and  from  the 
house  or  building  to  a  point  three  (3)  feet  outside  the  wall 
or  foundation  thereof  shall  lie  of  cast  iron,  and  from  that 
point  to  the  main  sewer  connection  may  be  of  either  cast 
iron,  vitrified  clay  pipes,  or  glazed  cement  pipe,  at  the  option 
of  the  owner  of  the  premises  with  which  said  sewer  con- 
nection is  to  be  made. 

The  cast  iron  pipe  shall  be  sound,  free  from  holes  or 
cracks,  without  traps,  valves  or  other  obstructions  which 
might  prevent  or  retard  the  free  passage  of  air  or  sewage. 

The  following  weights  per  linear  foot    will  be  accepted: 

4-inch,  standard.  6'j  pounds  per  linear  foot. 

4-inch,  medium,  9  pounds  per  linear  foot. 

4-inch,  extra  heavy,  13  pounds  per  linear  foot. 

In  the  use  of  5  or  6-inch  iron  the  corresponding  standards 
may  be  used  and  all  fittings  used  in  connection  with  any  of 
the  above  sizes  shall  correspond  with  it  in  weight  and  quality. 

The  joints  shall  be  made  of  lead,  thoroughly  calked, 
oakum    gaskets    shall    be    used    in    all    joints,    tightly    calked 


855 

is  i"  prevent  lead  from  being  forced  through  and  forming 

ns  "ii  the  interior  i  if  the  pipe. 

All   vitrified  clay  pipe   shall   be  of  the  best   quality  salt 

It    shall   be   straight,   smooth,   thoroughly    vitrified, 

m  lumps,  blister  and  other  defects,  of  true  cylindrical 

shape  and  the  inner  and  out  ices  shall   be  concentric, 

.in.!  the  standard  length  shall  be  nol   less  than  two  (2)   feet 

with  !  i-inch  cement  space  in  the  bell.    The  walls  shall  be  nol 

than     ,",.    of    an    inch    in    thickness    for    four    (4)    inch 

l>i|H\  and  ii"t  less  than  y%  of  an  inch  in  thicknes    for  pipe  six 

ni  hes  internal  diameter. 

All   glazed  cement   pipe   shall   be   first    class,   sound 
Tin.  and   no  pipe  shall   be   used   which   is   less   than   ninety 
-  old,  nor  containing  more  than  10  per  cent  of  voids,  and 
inner    surface    shall    be    smooth    ami    free    from 
■'v  kind. 
The    standard    length    shall    be    not    less    than    two 
and  thickness  ti"t  less  than  three-fourths  inch  for  tour 
inch   pipe,   and   fifteen-sixteenths   inch    for   pipe   six    (6) 
inches  in  interior  diameter  with  cement  space  in  the  bell  of 
three-eighths  inch  f<>r  both  sizes.      Ml  joints  in  vitrified  clay 
cement   pipe  shall  be  made  in  the  best   possible 
ner  with  oakum  gaskets  and  cement  mortar  tamped  in  with 
I    inches    wide    and    must    be    water    tight, 
cture  shall  bi  osed  of  one  part  cement 

ne  half  parts  "i  sand,  and  all  pipe  must  be  of  the 
ility,   and    laid   <>n   a   firm    bed.   straight    to   line   and 
the  city  engineer,  on  a  uniform  grade  not  less 
for  four   (4)   inch  pipe,  and   nol 
inch   pipe. 
All  changes   in   direction   must   be   made  by   thi 

-  of  not  more  than  one-eighth  bend. 

ut    must   be   located    five   feet    inside   of   the 

nd  in  all  list  be  iron  pipe  from  the  Y 

und  with  a  bi  in-out  plug. 

In  case  vitrified  clay  .>r  glazed  cement  pipe  is  used,  the 

f  the  trench  shall  ti. >t  be  made  until  the  cement 


856 

joints  shall  have  set   fourteen  hours  after  having  been  made. 

The  superintendent  of  sewers  and  the  plumbing  inspector 

are  hereby  charged  with  the  duty  of  enforcing  this  ordinance. 

Sec.  1110.  Pipes.  How  covered.  All  sewer  connections 
must  be  covered  with  at  least  eighteen  inches  of  earth,  which, 
for  the  first  six  inches  in  depth  must  be  free  from  stones 
or  rubbish,  and  the  entire  back-filling  must  be  thoroughly 
tamped. 

Sec.  1112.  Assessments  must  be  paid.  Whenever  prop- 
erty or  a  part  of  any  property  to  be  drained  by  a  proposed 
private  drain  or  sewer  connection,  has  been  previously 
assessed  for  any  sewer  extension,  and  any  portion  of  such 
assessment  remains  due  and  delinquent  at  the  time  of  appli- 
cation for  a  permit  for  such  connection,  no  permit  shall  be 
issued  until  such  delinquent  assessment  has  been  paid. 
Whenever  property  proposed  to  be  drained  by  a  private  drain 
or  sewer  connection  has  not  been  assessed  for  the  construc- 
tion df  the  sewer  to  which  such  connection  is  proposed  to  be 
made,  if  said  property  abuts  upon  the  street  in  which  such 
sewer  is  located,  no  permit  for  such  connection  shall  be 
issued  by  the  superintendent  of  sewers,  nor  shall  such  con- 
nection be  made  until  the  owner  of  said  property  so  pro- 
posed to  be  connected  with  said  sewer,  or  the  applicant  for 
such  permit  shall  have  paid  into  the  city  treasurv  a  sum 
equal  to  the  price  per  front  foot  assessed  against  the  propertv 
nearest  the  property  proposed  to  be  connected  with  the 
sewer  multiplied  by  the  number  of  feet  in  the  propertv  to 
be  benefited  by  such  connection  with  said  sewer.  And  in 
case  the  property  proposed  to  be  connected  by  a  4  or  6-inch 
house  connection  with  a  sewer  in  the  streets  of  this  city 
does  not  abut  upon  the  street  in  which  is  located  the  sewer 
to  which  connection  is  sought  to  be  made,  no  permit  for 
such  connection  shall  be  issued  by  the  superintendent  of 
sewers,  nor  shall  such  connection  be  made  until  the  owner 
of  the  property  proposed  to   be  connected  by  a  4  or  6-inch 


857 

house    connection,   or    the    applicant    for    such    permit    shall 
have  paid  into  the  city  treasury  the  sum  of  fifty  cents  per 
front  foot   for  each  fool  of  the  property  to  be  benefited  by 
ed  connection  with  said  sewer. 

Sec.  1113.     One  thousand  foot  drains,     h  shall  be  unlaw 
fnl  for  an)   person  to  construct  any  private  drain  connection 
with  the  public  sewer,  of  a  length  of  one  thousand   feet  or 
over,  except  under  such  regulations  and  restrictions  as  may 
be  prescribed  by  the  board  of  commissioners  in  each  instance. 

Sec.   1114.  Notice.     It   shall   be  unlawful   for  any  person 

t>>  construct  or  attach  any  private  drain  or  house  connection 

directl)    or   indirectly    with    the    public    sewer,    without    first 

having  received  the  regular  permit  from  the  superintendent  of 

\\  '>rk   done    without    notice   or    without    inspection 

shall  be  treated  as  defective   work,  and   shall  be  condemned 

and  uncovered,  and  relaid,  if  necessary,  to  the  grades  given 

ity  engineer  and  inspected  by  the  plumbing  inspector 

iper  permits  being  taken  out  by  a  duly  licensed 

plumber,  the  expense  for  same  to  be  borne  by  the  property 

and  the  license  "t'  the  plumber  or  drain-layer  doing 

tive   work   shall  be   revoked. 

Sec.  1115.    Junction  pipes.     Unless  otherwise  directed  in 
permit,  all  private  sewers  or  house  drams  must  be  con 
vith  junction  pipes,  slants  or  "Ys,"  laid  in  the  sewer 
during  construction.     The  connection   point    with   the  sewer 
1  before  opening  the  trench  for  the  rest 
rk.      \ll    trenches    must    be    of    sufficient    width, 
and  in  such  manner  as  t"  admit   of  easy   inspection, 

and  all  "ti-.   with  the  public   sewer  must   be   made   in 

■hi-  inspector.     In  all  here  there  is  no 

junct  slant  or  "Y"  in  the  sewer  at  the  point   where 

made,    the    opening    of    the    -ewer    and 
uch  connection  must  be  in  strict   accordance 
with    thi  nd    direction    of    the    superintendent 

under   '  rvision. 


858 

Sec.  1116.  Inside  of  drain.  All  drains  connected  with 
the  public  sewer  must  be  left  smooth  and  perfectly  clean 
on  the  inside,  and  all  dead  ends  must  be  securely  stopped 
by  bricks  and  cement,  or  other  water  tight  and  imperishable 
materials. 

Sec.  1117.  When  permits  not  issued.  Permits  to  con- 
nect with  the  public  sewer  must  not  be  issued  unless  the 
plumbing  in  the  house  or  building  to  be  connected  is  in 
accordance  with  the  provisions  of  Chapter  40,  unless 
a  special  permit  for  such  conection  is  granted  bv  the  super- 
intendent of  sewers. 

Sec.  1118.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  flays.  The  court  may,  in  imposing  a  fine,  enter 
as  a  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  may  be  imprisoned  in  the  city  jail  for 
a  period  not  exceeding  thirty  days. 


8S9 


CHAPTER   LII. 

SIDEW  AI.KS. 

Section  1119.    Districts.    The  following  sidewalk  districts 

ireated,  defined  and  established  as  follows,  viz: 
District  No.  1.     Both  sides  <<i  Firsl  South  street,  between 
Mam  and  Fifth  Wesl 

District    No    -      Both   sides  of   First    South   street,   easl 
:    Main    street    to   the   military    reservation. 

•rut    No.    3.     Both    sides    of    Second    South    street, 
•    Mam  and   Fifth   \\  esl   streets. 
•rut  No.  4.     Both  sides  of  Second  South  street,  east 
Main  to  the  military  reservation. 
District    No.  .V     Both   sides  of  Third  South   street,  be- 
■i  Mam  and  Fifth  West  streets. 

l>i-tnct    No.  (\      Until    sides  of   Third    South    street,   easl 
Mam  street   to  the  military  reservation. 
•ri«-;   No    1      Both  sides  of  West    Temple  street,  be- 
tween   South    Temple   and    Eighth    South    streets. 

District    No    8.     Both    sides    of    Main    street,    between 
le  and  Eighth  South  streets. 
-•net     No     9       Both     sides     of     State     street,     between 
■id  Eighth  South  str< 
District    No.    11.     Both   sides  of    First    West   street,  be- 
nple   and    Eighth   South    stn 
12.       Both     sides    of     Main     street,     between 

■    North  - 1 it. 

13  Both    sides   of   South     Temple    -treet, 
Main   -                  "Third  West    -treet. 

14  Both     sides    of     Fourth     South     -treet. 

lilitary  reservation 
IS      Both  -ides  of  Fourth  South  street,  from 
ifth   H  est   -treet. 


860 

District  No.  16.  Both  sides  of  Second  East  street,  be- 
tween   South    Temple   and    Eighth   South    streets. 

District  No.  17.  Both  sides  of  South  Temple  street,  from 
Mam   street   to   the   military   reservation. 

District  No.  18.  Both  sides  of  Fifth  East  street,  be- 
tween South   Temple  and   First   South   streets. 

District  Xo.  19.  Both  sides  of  State  street,  from  South 
Temple  street  to  Second  North  street. 

District  No.  20.  Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  "A,"  Salt  Lake  City  Survey,  not  heretofore 
included  in  any  sidewalk  district,  except  State  street  from 
South  Temple  street  north. 

District  Xo.  21.  Both  sides  of  all  public  streets,  avenues 
and  alleys   in  plat  "C,"  Salt    Lake  City  Survey. 

District  Xo.  22.  Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  "  B,"  Salt  Lake  City  Survey,  not  hereto- 
fore included  in  any  sidewalk  district. 

District  Xo.  23.  Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  "!•","  Salt  Lake  City  Survey,  ii"t  hereto- 
fore included   in  any  sidewalk  district. 

District  No.  24.  Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  "D,"  Salt  Lake  City  Survey. 

District  No.  25.  Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  "G,"  Salt  Lake  City  Survey. 

District  No.- 26.  Roth  sides  of  First  avenue,  from  the 
east  line  of  State  street  to  the  east  boundary  of  plat  "If 
also  both  sides  of  Second  avenue  and  Third  avenue  from  the 
east  line  of  Canyon  road  from  State  street  to  the  north 
boundary  of  plat  "I." 

District  No.  27.  Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  "E,"  Salt  Lake  City  Survey,  except  State 
street. 

District  X".  28.  Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  "J,"  Salt  Lake  Citv  Survey. 

District  No.  29.  Both  sides  of  all  public  streets,  avenues 
and  alleys  in  the  following  described  district  :  Beginning  at 
the   northwest   corner  of   the   intersection    of    Fifth    East    and 


861 

Tenth  Soutl  thence  «. ;i>i  to  the  cast  line  of  Fifteenth 

thence  south  to  a  point  opposite  the  south  line 

of  1"!   15,  M<>ck   10,   Five  Acre  plat  "C,"  thence   west   to  the 

Ninth  East  street,  thence  north  to  the  south  line 

nli   street,   thence   wesl    to   the   west    line   of 

Fifth  treet,  thence  north  to  the  place  of  beginning. 

Both   sides  of   Third    Easl    strei 
tween   Eighth  South  and   Ninth  South   streets,  in   plat   "A," 
ity  Survey,  and   both   sides  of  said   Third    I 
een    Ninth    South    and    Tenth    South    streets    in 
re  plat  "A."   Big  Field  Survey. 
District   No.  31.     Both  sides  of  Second  Wesl   street,  b< 
th   S.mtli   and    Ninth   South   streets,   in   plat    "A," 
ity  Survey,  and  both  sidi  rid  Second  V 

between    Ninth    South    and     Tenth    South    streets    in 
Vcre  plat   "A."   Big    Field  Survey. 
District    No.   32.     Both    sides   of    Eleventh    Easl    street, 
Ninth   South   and    Eleventh   South    streets,   in    Five 
•   "A."   Big   Field  Survey. 
1  > t - 1 r i c t    No.  33,     Both   sides  of   Princeton  avenue,   from 
,  line  of  Eleventh  Eas  running  easl  a  distance 

\  hundred  feet. 
Ih-trict    No.    34.      Both    sides    of   all    public   streets    herein 
•n    Ninth    East    -treet.    at    the    si  iuth 
-     nil   -treet.   thence   south   to   the   north    line   of 
■ntli    -t>  -••    beginning    on     Tenth     South 

ne  of    Ninth    East    -treet.   thence   east    to 
Eleventh     East     street;    also    beginning 
the  south  line  of  'Tenth  Soutl 
the    north    line   of    Browning   avenue; 

ll   tlu-  south  line  of    Tenth  South 
if   Bn  >u  ning  a\  enue. 
Tlu-  north  side  of  Fourth  South  sti 
.md  Third 

»f  Emerson  a\  enuc,  between 
ts,  and   Emerson  a\  enuc. 

65 


862 

between  Eleventh  Easl  and  Thirteenth  East  streets,  Lincoln 
Park   subdivision. 

District  No.  37.  Both  sides  of  Princeton  avenue,  from 
Ninth    East   street   to   Douglas  street. 

Distric'1  No.  38.  The  north  side  of  Browning  avenue,  be- 
tween Ninth  East  and  Tenth  East  streets,  the  north  side  of 
Harrison  avenue,  between  Tenth  East  and  Eleventh  Hast 
streets,  and  the  east  side  of  McClelland  street,  between 
Tenth  South  and  Harrison  avenue. 

I  )istrict   No.  39.     Repealed. 

District  No.  40.  From  Ninth  South  street  to  Tenth 
South   -treet   and   from  Jordan   river  east   to  city  limits. 

District  No.  41  shall  be  and  consist  of  all  that  part  ot 
the  city  bounded  on  the  north  by  the  north  line  of  Ninth 
North  street;  mi  the  east  by  the  west  boundary  line  of  plat 
"C;"  on  the  south  by  the  south  line  of  Ninth  street,  and 
en  the  west  by  the  west  line  'if  Redwood  road. 

District  No.  42  shall  he  and  consist  of  both  sides  of  ai! 
public  streets  contained  in  tile  tracts  of  land  known  as 
Popperton  Place  and  Poplar  Place  Plat  "A."  described  as 
follows:  Commencing  at  a  point  on  the  monument  line  of 
Third  street  314.5  feet  south  89  cleg.  56  mm.  .05  sec.  east  of 
the  street  monument  at  the  intersection  of  (J  and  Third 
streets:  running  thence  south  533.73  feet;  thence  east 
7?7  feet;  thence  north  150  feet;  thence  east  27?  feet:  thence 
north  220  feet;  thence  wist  27?  feel;  thence  south  89  deg. 
31  min.  20  sec.  west  7?7  feet;  thence  south  1447.fi*)  feet  to 
the  place  of  beginning. 

District  No.  43  shall  be  and  consist  of  both  sides  of  all 
public  streets  contained  in  the  tracts  of  land  known  as 
Block  12  and  13.  Five  Acre  Plat  "A,"  Big  Field  Survey. 
Commencing  at  a  point  or  stone  on  the  south  boundary 
of  Tenth  South  street,  said  point  being  33  feet  south  and 
64  feet  west  of  rock  monument  set  by  the  city  engineer  of 
Salt  Pake  City  at  the  intersection  of  State  and  Tenth  South 
streets;  thence  south  0  degrees  3  minutes  west  on  the  west 
line    of    State    street    2950    feet    to    stone    on    south    line    of 


863 

uth  and  State  streets;  thence  east  on  the  south 
line  South    streel    3225    feet    to    the   center   of 

pjftl  et;   thence   north   0   degrees   3   minutes   easl 

■  line  of  Fifth  Easl  street  2954  feet  to  the  south 
line  ol  I -nth  South  street;  thence  south  89  degrees  55 
mini  Feet   to  place  of  beginning. 

1120.  Sidewalk  district  No.  44  shall  be  and  consist 
portion   of   the  city   lying   east   of   the  west    line 

not  included  in  a  sidewalk  district  heretofore 
blished. 

1121.  Sidewalk  district   No.  45  shall  Ik-  and  consist 

n  of  the  city  lying  west  of  the  west  line  of 
not    included    in   a    sidewalk   district    heretofore 

-' 

Sec.     1122.      Sidewalks    constructed    by    individuals.       h 

lawful    for   any   person,   either   as   owner,   agent, 

■■•r   or   employe,    \<>   construct,    where    grade 

shed,  any  sidewalk  in  Salt    Lake  I  it)    unless 

instructed   t"  lines  and   grades   as  given 

hed  l>>    the  city  engineer,  unless  special  permis- 

ch  lines  and  grades  is  first  obtained 

issioners. 

Sec.    1123.     Same.      Permit.     Specifications,      li    shall   be 

ii.   either    as    owner,    agent,    servant, 

i   employe,  (•■  construct  any  permanent  sidewalk 

without    having    f i r — t    obtained    from    the 

permit    so   t..  do.     The   acceptance   of   such 

•  men!   upon  the  |>art  of  such 

id    sidewalk    in    accordance    with    the 

nrnished    by    the    city    engineer    as    to    the 

■    the   \\"rk:  and   if  the   sidewalk    bi 

t,  ili<  character  and  quality  >>t'  the  cement, 

the  mixture,  and  tin-  thickness  of  the 

from  the  main  sidewalk  to 


864 

the  back  of  the  curb  already  constructed,  a  one-inch  strip  of 
tarred  felt  shall  be  placed  between  the  back  of  the  curl)  and 
walk,  tu  form  a  pliable  and  waterproof  expansion  joint.  It 
shall  be  unlawful  to  construct  any  such  sidewalk  in  violation 
of  the  specifications  given  by  the  city  engineer. 

Sec.  1124.  Same.  Supervision.  All  sidewalks  shall  be 
constructed  under  the  inspection  of  the  city  engineer. 

Sec.  1125.  Id.  Inspection  cost.  Where  .propert)  owners 
construct  sidewalks  at  their  own  expense,  in  compliance  with 
the  provisions  of  this  ordinance  and  the  approval  of  the 
board  of  commissioners,  the  cost  of  indicating-  grades  and 
lines  and  inspection  shall  be  paid  for  by  the  property  owner 
before   the   issuing  of  the   permit   required. 

The  charges  for  inspection  of  sidewalks  shall  be  as 
follows  : 

For  the  first  25  linear  feet,   10  cents  per  foot. 

For  the  second  25  linear  feet,  7  cents  per  foot. 

For  the  third  25   linear  feet.  5   cents  per   foot. 

For  additional  linear  feet,  3  cents  per  foot. 

Other  engineering  fees  and  charges  for  indicating  grades 
and  lines  shall  be  the  same  as  are  provided  in  the  Revised 
Ordinances  of  Salt  Lake  City.  No  rebate  or  repayment 
shall  be  made  to  any  person  of  any  fees  or  charges  collected 
hereunder. 

Sec.  1126.  Repairs.  Unit  of  measurements.  The  unit 
of  measurement  and  computation  of  all  sidewalks  in  Salt 
Fake  City  shall  be  a  section  of  what  is  ordinarily  termed 
a  cement  sidewalk,  four  feet  square,  composed  in  its  principal 
parts  of  crushed   rock   or  gravel   and    Portland   cement. 

Sec.    1127.     Ordinary   repairs  defined.      Ordinary   repairs 

mi  sidewalks,  within  the  provisions  of  this  chapter,  shall 
be  deemed  to  be  such  repairs  as  shall  not  exceed,  in  cost, 
ten  per  cent  of  the  cost  of  laying  a  cement  sidewalk  ovei 
a    given    surface. 


865 

Sec.  1128.  Extraordinary  repairs  defined.  Extraordinan 
repairs,  within  the  provisions  of  this  chapter,  shall  be  deemed 
t"   be   such    repairs   a-    shall    exceed    ten   per   cent,   and    not 

ed  fifty  per  cent,  of  the  cost  of  laying  a  cemenl  side- 
walk ?i\  en  sui ' 

Sec.    1129.      New   work   defined.      New    work,    under    the 
■    tin*   chapter,  shall    be   deemed   to   Ik-   all 
walk   construction    work,   which    shall   exceed    fift)    per   cent 
i|  laying  a  cement  sidewalk  over  a  given  surface 

Sec.    1130.      Repairs.      Engineer's   report.      Levy.      Winn 

an)   portion  of  any  sidewalk,  consisting  of  one  or  more 

hereafter  be   found   to  be  "in   of  repair,   it   shall 

the   citj    engineer   to   compute   the   cost    of 

■It   sidewalk,   and   if   such    repair-   shall    be    found 

within   the   definition   of  ordiharj    repairs,   a-   pro 

\nli-. I  in  this  chapter,  the  ct)    engineer  shall   at   once  report 

the  for  such   repairs,  together   with   his  estimate  of 

the  thereof,  t<>  the  board  ct*  commissioners;   and   it 

shall    l>e    found    t"   come    within    the   definition 

nary    repairs,    as    provided    iu    this    chapter,    the 

erineer   shall    forthwith    report    the    necessity    for   such 

iher    with    his    estimate    of    the    en-!     there"!',    t" 

i ii'  1 .    if    the    estimate    "ti    such    sidewalk    shall    he 

within  the  definition  "i  new    w"rk.  as  provided 

the  city    engineer   shall   forthwith   report    t" 

■--fliers     the     necessity     for     such     new 

•id    fur    the    levying    of    a    tax    t"    defray    the    expi 

Sec.  1131.  Bids.  Duty  of  board,  etc.  It  shall  he  the 
duty  of  the  mmissioners,  after  the   first   day  of 

Jan  ••    than  the  first  da\    of  Jul)    in  each   yi 

lei    t"   the   lowest    responsible 

iking  of  sid,-Walk  repairs  for  the 

h  contract   shall   provide  for 


866 

the  prompt  making  of  all  ordinary  repairs  ordered  by  the 
board  of  commissioners,  and  the  making  of  such  extra- 
ordinary  repairs  as  may  be  ordered  by  the  board,  and  shall 
specify  also  the  contract  rate  for  such  classes,  grades  and 
kinds  of  sidewalk  as  the  board  may  see  lit  to  include  in  its 
advertisement  for  bids. 

Sec.  1132.  Ordinary  repairs.  Whenever  it  shall  appear 
by  the  report  of  the  supervisor  of  streets  and  public  improve- 
ments that  ordinary  repairs  on  any  sidewalk  should  be  made, 
and  whenever  upon  such  report,  such  repairs  are  ordered 
by  the  board  of  commissioners,  they  shall  be  at  once 
undertaken  by  the  parties  holding  an  annual  contract  for 
sidewalk  repairs,  as  in  this  chapter  provided,  and  such 
work  shall  be  subject  to  the  approval  of  the  board  of 
commissioners. 

Sec.    1133.      Extraordinary    repairs.      Notice.      Whenever 

it  shall  appear  from  the  report  of  the  supervisor  streets  and 
irrigation  to  the  board  that  extraordinary  repairs  are  neces- 
sary to  be  made  on  any  particular  sidewalk,  the  board  shall 
at  once  notify  the  property  owner  or  owners  whose  property 
abuts  upon  the  sidewalk  where  such  repairs  are  needed,  that 
certain  repairs  upon  said  sidewalk  are  needed,  as  in  the  notice 
specified,  and  that  such  repairs  have  been  determined  to  be 
extraordinary  repairs  within  the  terms  of  this  chapter,  and 
that  unless  such  property  owner  or  owners  shall  cause  --itch 
repairs  t''  he  made  within  fifteen  days  from  the  date  of  -aid 
notice,  to  the  satisfaction  and  approval  of  the  hoard,  such 
repairs  will  be  made  by  Salt  Lake  City,  and  the  expense 
thereof   taxed   againsl    -aid   property. 

Sec.    1134.      Same.      Expense.      Whenever    extraordinary 

repairs  shall  not  he  made  by  the  property  owner  or  outlet-, 
as  in  the  last  section  specified,  within  the  time  therein 
named,  the  board  shall  at  once  proceed  with  such  repairs 
under  the  annual  contract  for  sidewalk  repairs  a-  in  this 
chapter    provided. 


;<u7 

Sec.    1135.      Same.      Levy    and    sale.      Whenever    extra- 

inar)    repairs  and   the   expense   thereof  are   reported,   the 

board  of  commissioners  shall  al  once  levj   a  tax  against   the 

l>roi'  mtting    upon    the    sidewalk    where    the    repairs 

cpense  of  such  repairs.     Saul 

shall  be  reported  t>>  the  city  treasurer  and  ex  officio 

colli  ial  taxes,  who  shall  give  notice  thereof,  and 

collect  the  same  in  like  manner  as  other 

illected,   except    that    notice  of   such    tax 

shall  that  it  i-  t>>  cover  the  expense  of  extraordinary 

.mi  sidewalk,  and  t li.it   said  tax  is  both  due 

delinquent,   and   shall    fix   a   time   nut    more    than    thirty 

■  m    the    date    thereof    when    said    property    will    be 

jale   i"   pay   such   tax   and    the   costs   and 

rid  sale. 

Sec.    1136.      New    work.      Levy.      Whenever    the    rej 

and    irrigation    upon   am    given 

that  the  construction  of  a  new    sidewalk 

mers  shall  give  notice  of 

defray   the   expenses   of   relaying 

shall  thereafter  proceed  as  in  other  c 

Cellarway,  area.     Permit.     Bond.     Si 

1137.      Coal   holes   or   other   openings,  h    shall    be 

maintain  coal   holes  or  other  open- 

■    under    the  supervision 
then  onlj   after  the 

Sec.    1138.     Cellar   doors.      It    shall    be    unlawful    for    the 

luilding   1 1 . i \  ing  a  cellar  opi  n 

the    door    or 
I  repair  and  safe  t'"r  tin 

ideualk  ;    and    if 


868 

the  owner  or  occupant  of  any  .such  building  shall  neglect 
or  refuse  to  properly  repair  any  such  door  or  covering  for 
twenty-four  hours  after  notice  from  the  supervisor  of  streets 
and  irrigation  so  to  do,  said  supervisor  shall  forthwith  cause 
such  repairs  to  be  made  at  the  expense  of  said  owner  or 
occupant. 

Sec.  1139.  Obstruction  of  sidewalks.  It  shall  be  unlaw- 
ful for  any  person  owning,  _  occupying  or  having  control  of 
any  premises,  to  place  or  permit  upon  the  sidewalk  or  the 
half  of  the  street  next  to  such  premises  : 

1.  Any  broken  ware,  glass,  filth,  rubbish,  refuse  matter, 
ice,  water,  mud.  garbage,  ashes,  tin  cans  or  other  like  sub- 
stances. 

2.  Any  wagons,  lumber,  wood,  boxes,  fencing,  building 
material,  dead  trees,  tree  stumps,  merchandise  or  other 
thing  which  shall  obstruct  such  public  street  or  sidewalk 
or  any  part  thereof,  or  the  free  use  and  enjoyment  thereof, 
or  the  free  passage  over  and  upon  the  same,  or  any  part 
thereof,  without  the  permission  of  the  board  of  com- 
missioners. 

Sec.  1140.  Receiving  goods,  ft  shall  be  unlawful  for 
any  person  to  place  or  keep,  or  suffer  to  be  placed  or  kept 
upon  any  sidewalk,  any  goods,  wares  or  merchandise  which 
he  may  be  receiving  or  delivering,  without  leaving  a  ten-foot 
passageway  clear  upon  such  sidewalk:  and  it  shall  be  un- 
lawful for  any  person  receiving  or  delivering  such  goods. 
wares  or  merchandise  to  suffer  the  same  to  be  or  remain  on 
such   sidewalk  for  a  longer  period  than  one  hour. 

Sec.  1141.  Driving  or  riding  on  sidewalk.  It  shall  be 
unlawful  for  any  person  to  drive  a  self-propelled  vehicle  or 
team,  or  lead,  drive  or  ride  any  animal  upon  any  sidewalk, 
except  across  a  sidewalk  at   established  crossings. 


869 

Sec.    1142.     Games  on  sidewalks  or  streets.      Ii    shall    In 

unlaw  tnl  for  am  person  to  obstrucl  any  sidewalk  or  street  by 

i   any  kind,  playing  of  ball,  quoits,   marbles 

jumping,   rolling   of   hoops,   flying    of   kites,   coasting,   or   to 

anno)    or   obstruct    the    free    travel    oi    anj     Fool    passenger, 

.  ehicle, 

Sec.    1143.      Carriage    steps    or    platforms.       It    shall    be 

unlawful  for  anj    person   to  erect  an\    carriage  step  or  plat- 

the  gutter  or  water  ditch   in  front  oi   his  place 

•r    residence,    which    shall    be    more    than    Four 

feet   wide  and  two  feet   high;  such  carriage 

•rin  must   be  constructed  under  the   supervision 

nd  in  a  manner  satisfactory    t"  the   supervisor  <<i  streets 

ii 

Sec.    1144.   Weeds.      It    -hall   be   unlawful    for   the   owner, 
of  any   real    property    t<>   neglecl    to   cut 
the    weed-    on    the    sidewalk    m    front    of    his 
■  r  three  days'  notice  from   the  streel    supervi 

1145.     Loafing.     It   -hall  he  unlawful   for  any  person 

tanding,  lying  or  sitting   on   anj    sidewalk    for  a 

than    two    minutes,    in    such    manner    as    to 

if    fooi    travelers   thereon,   or    to 

wilr  '1111-.    lying    or    sitting    thereon    in    said 

re   than  one  minjite  after  being   requested   to 

Ficer,    or    to    wilfully    remain    on    the 

any  dwelling  house  or  place  of  business 

m  truct    the    free    passage    of    an) 

h   dwelling    house   or   place 

Sec.  1146.     Snow  to  be  removed  from  sidewalks.     It  -hall 
inlawful  ccupant,  lessor,  or  agent   of  any 

ived    Sidewalk    to    fail    to    remove 


870 

or  cause  to  be  removed  from  such  paved  sidewalk  all  hail, 
snow  or  sleet  falling  thereon,  within  one  hour  after  such 
hail,  snow  or  sleet  has  ceased  falling;  provided,  that  in  case 
of  a  storm  between  the  hours  of  five  o'clock  in  the  afternoon 

and  six  o'clock  in  the  morning,  such  sidewalk  shall  be 
cleaned  before  eight  o'clock  in  the  morning  following  Mich 
sti  Tin. 

Sec.  1147.  Weeds.  It  shall  be  unlawful  for  any  person 
owning,  occupying  or  controlling  any  real  property  within 
the  corporate  limits  of  Salt  Lake  City,  to  allow  weeds 
to  remain  on  the  property  which  he  owns,  occupies  or  con- 
trols, for  a  period  of  more  than  five  days  after  notice  from 
the  supervisor  of  streets  anil  irrigation. 

Sec.    1148.     Sidewalks  to   be   swept   in  front   of   business 
houses.      It    --hall    he   unlawful    for   the   owners   or   occupants 
of  places  of  business   within   Salt   Lake  City   to   fail   to  cause 
the   sidewalk   abutting   thereon    to   l>e    swepl    or   cleaned    i 
morning  before   the   hour  of  eight   o'clock   a.   m. 

Sec.    1149.      Penalty.      Any   person    violating   any   of    the 

provisions  of  tin-,  ordinance  shall,  upon  conviction  thereof. 
be  punished  by  a  fine  in  any  sum  not  exceeding  fiftv 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter 
i-  a  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  may  be  imprisoned  in  the  city  jail  for 
a   period    not    exceeding  thirty   days. 


871 


CHAPTER   LIII. 

SIGNS,  AWNINGS,  ARCHES. 

uon   1150.     Unlawful  to  erect  signs,  etc.      It    shall   l>c 

an)    person    to    erect    or   construct    any    sign, 

i.    wood    or    metal    awning,    permanent 

irch    or    any    other    structure,    above,    over, 

i     upon    any    pan    of    any    street    or    sidewalk    of    Salt 

l.ak  without    first    obtaining    permission    so    to    do 

ommissionei  id   cit)    and   furnish- 

ndemnit)   bond  in  such  sum  as  may  be  fixed  by  the 

■  I       application   for  such  permission   -hall  Ik-  in   writing, 

ntain  the  name  of  the  person   for  whose  benefit 

he  period  of  time  for  which  such  permit 

such  structure  is  t<>  be  erected  or 

•lu'  dimensions  thereof,  the  material  to  compose 

anner  of  construction,  which  application 

inied  with  a  blue  mint  or  other  drawing  or 

sign  it  other  structure. 

Mary    15th,   1913,  ii    -hall   lu-  unlawful    for 

itain   any    sign,    sign-post,    sign-board    or 

inent   advertisement,   arch   or   any   other 

upon  any  part  of  any  streel   or 

■\.  without  making  application  tin 

■  1  in  this  section. 

Sec.    1151.     Penalty.      \n\    person    violating   an\    of   the 

-hall,   upon   conviction   thereof, 

sum  noi  ling  fifty  dollars 

■  riod   n"t    Ion 

n  imposing  a   fine,  enter 

in  default  of  the  payment  of 

city  iail  for 


872 


CHAPTER   LIV. 

SPECIAL    TAXES. 

Section  1152.  Notice  of  intention.  In  all  cases  before  the 
levy  of  any  taxes  for  local  improvements  as  provided  in 
Chapter  14.  Compiled  Laws  of  L'tah.  1907.  the  board  of 
commissioners  shall  give  notice  of  intention  to  levy  said 
taxes,  naming  the  purposes  for  which  the  taxes  are  to  be 
levied,  which  notice  shall  be  published  at  least  twenty  days 
in  a  newspaper  published  within  the  city.  Such  notice  shall 
describe  the  improvements  so  proposed,  the  boundaries  of 
the  district  to  be  affected  or  benefited  by  such  improvement--, 
the  estimated  cost  of  such  improvements,  and  designate  a 
time  when  the  board  of  commissioners  will  consider  the  pro- 
posed levy.  If  at  or  before  the  time  so  fixed,  written  ob- 
jections to  such  improvements,  signed  by  the  owners  of 
two-thirds  of  the  front  feet  abutting  upon  that  portion 
of  the  street,  lane,  avenue  or  alley  to  be  so  improved,  be 
not  filed  with  the  recorder,  the  board  of  commissioners  shall 
be  deemed  to  have  acquired  jurisdiction  to  order  the  making 
of  such  improvements. 

Such  notice  shall  be  substantially  in  the  following  form: 

NOTICE  OF  INTENTION. 

Notice  is  hereby  given  by  the  board  of  commissioners 
of  Salt  Lake  City.  Utah,  of  the  intention  of  said  board  of 
commissioners  to  make  the  following  described  improve- 
ments, to   wit : and   to  defray 

(the  whole  or )  of  the  cost  thereof,  estimated 

at dollars  by  levy  of  a  special  tax  to  be  assessed 

upon  the  hits  or  pieces  of  ground  within  the  following 
described  district,  being-  the  district  to  be  affected  or  bene- 
fited by   such   improvement. 


873 

All    protests   or   objections   to    such    improvemenl    or   i" 
the    carrying    out    of    such    intention,    must    be    in    writing, 

..I  l.\   the  owners  of  abutting  property,  describing  same, 

•Iut  with  the  number  of  abutting  front  feet  and  be  filed 

with  the  cits    recorder  "ii  or  before  the day 

19.    ...    being    the    time    se1    by    the 

rtl  of  commissioners  of  Sail  Lake  City,  Utah,  when  it 
will  consider  the  proposed  lev)  and  will  hear  and  consider 
Mich  protests  and  objections  as  may  be  made  then 

i;_\    order  of   the   hoard  of  commissioners   of  Salt   Lake 
Utah. 
Dated  


City   Recorder. 

Within    five    days    after    the    firsl    publication    of    such 

the    treasurer    shall    furnish    the    recorder    a    lisl    of 

the  owners  of  the  property   within   the   district   affected   1>\ 

such   improvement,  and   the   recorder   shall,   within   ten   days 

thereafter,  mail   post   paid   to  each   of  said   property   owm 

:    ssed  to  the  last  known  residence 
ich  property  owner. 

Sec.    1153.      Protests.      Hearing.      At    the    firsl    regular 

mmissioners  after  the   expiration 

,  nated    in    the    notice   of    intention, 

if  written  objections  to  the  making  of  improvements,  signed 

•  two-thirds  of  the  front  feet  abutting  upon 

'   or  streets  where  the  improvemenl 

n  filed  with  the  city  recorder,  the 

.md     shall    hear    and 

■  s    as    have    been    m 
If  ''  termines   to  proceed   with   the   proposed   im- 

•rder.   which   shall    he   entered   of 

proceedings,    authorizing 

Ion,-   and    the    improvemenl 
It    shall  to    prepare 

id    improvement,    including 


874 

an  estimate  of  the  cost  and  expense  of  the  engineering,  in- 
spection, publishing  notices  and  making  the  tax  levy  in 
connection    with   such   improvement. 

The  board  shall  advertise  for  bids  for  making  such  im- 
provement and  shall  furnish  to  each  bidder  the  estimate  of 
the  cost  and  expense  of  the  engineering,  inspection,  publish- 
ing notices  and  the  making  of  the  tax  levy  as  aforesaid, 
with  instructions  to  each  bidder  to  include  the  amount 
thereof  in  his  bid  for  doing  the  work  contemplated  l>\ 
said   improvement. 

When  the  contractor  has  finished  his  contract  or  such 
part  thereof  as  may  be  provided  in  the  contract  for  such 
work,  the  board  of  commissioners  shall  pass  an  ordinance 
levying  a  special  tax  sufficient  in  amount '  to  cover  the 
cost  of  such  improvement,  as  appears  by  the  contract  entered 
into  for  the  performance  of  said  work,  upon  the  blocks, 
lots  or  parts  thereof,  or  pieces  of  ground  in  front  of  or 
along  or  upon  which  said  improvement  lias  been  completed. 
according  to  said  contract. 

Said  ordinance  shall  include  : 

(a)  A  reference  to  the  proposed  improvement  and  the 
district    to   be   benefited. 

(b)  The  cost  of  the  improvement  a--  appears  from  the 
contract  entered  into  for  the  performance  of  the  work  to 
the  blocks.  \<>\<  or  parts  thereof,  or  pieces  of  ground  in 
front  of,  or  along,  or  upon  which  said  improvement  lias 
been   completed,  ami  upon   which   said  tax   is  levied. 

(c)  A  description  of  the  blocks,  lots  or  parts  thereof, 
or  pieces  of  ground  to  be  affected  or  benefited  by  said 
improvement,  and  upon   which  said  tax  is  levied. 

(d)  A  determination  of  the  manner  of  making  the 
assessment  of  the  special  tax.  in  respect  to  the  foot  frontage, 
square  foot  or  other  unit   of  measurement. 

(e)  A  finding  and  determination  of  the  benefit  of  the 
improvement  to  the  property  assessed. 

(fi  A  declaration  of  the  levy  and  assessment  of  the 
special  tax. 


875 

A   direction   and  authorization   i"  the   treasurer  to 
d  collect  the  tax. 

iln     When  the  tax  >hal!  become  due. 

Sec.    1154.      Special    tax    assessments,    how    made.      The 

pecial  taxes  for  improvemenl   purposes  shall 

he   total   cost   of   the   improvement, 

engineering,   inspection,   publishing 

■ii|  making  the  levy,  'shall  be  levied  at  one  time  upon 

delinquent  a-  fi  »lli  iw  s : 

ten  equal  yearly   installments,  with   interest 

urn    unpaid    at    the    rate   of    six    per   cent    per 

annum,  payable  at  the  time  each  installment   is  due.  to  wit  : 

ne   year   after   the   ordinance   confirming 

the   tax    t'"r   the   payment    for   the    improvemenl 

me-tenth  thereof  in  two  years  after  such 

effective;    one-tenth     thereof    in     three 

h    ordinance    becomes    effective;    one-tenth 

-  after  such  ordinance  becomes  effective; 

I  in  iwc  years  after  such  ordinance  becomes 

nth  thereof  in  -i\  years  after  such  ordinance 

tenth    thereof    in    seven    years    after 

effective;    one-tenth     thereof    in 

such    ordinance    b  effective:    one- 

■f    in    nn  -    after    such    ordinance    becomes 

tenth    thereof    in    ten    years    after    such 

ive. 

ers,    curbing    and    guttering     in    five 
ments,   with   interest   "ii   the   whole   sum 
f   six   pet    cent    per    annum,    payable 
installment  is  due  to  wit:    One-fifth  thereof 
ordinance    confirming    the    levy    of    the 
such  improvement  becomes  effective; 
.iter  such  ordinance  becomes 
tli    thereof   in    three    years    after    such    inli- 
ne-fifth   thereof    in    four    years 


876 

after  such  ordinance  becomes  effective,  and  one-fifth  thereof 
in  five  year'-  after  such  ordinance  becomes  effective. 

One  or  more  of  said  installments,  in  the  order  in  which 
the)  arc  payable,  or  the  whole  special  tax  may  be  paid 
at  any  time  within  thirty  day--  after  the  ordinance  confirm- 
ing the  levy  of  the  tax  becomes  effective,  without  interest. 
In  the  event  of  any  installment,  or  the  interest  aforesaid 
not  being  paid  on  the  date  the  same  becomes  due,  the 
whole  amount  of  the  special  tax  unpaid  at  the  time  said 
installment  and  interest  are  due,  shall  become  due  and  pay- 
able and  shall  draw  interest  at  the  rate  of  eight  per  cent 
per  annum  until  the  sale  of  the  property  assessed;  provided, 
that  one  or  more  installments  in  the  order  in  which  they 
are  payable,  or  the  whole  special  tax  unpaid,  may  be  paid 
on  the  day  any  installment  becomes  due,  by  paying  the 
amount    thereof   and   interest    to   said   day. 

Sec.  1155.  Special  tax  warrants,  etc.  All  special  tax 
warrants  shall  be  due  and  payable  as  follows:  If  issued 
on  account  of  paving  improvement,  in  ten  equal  yearly 
installments;  if  issued  on  account  of  sidewalk,  sewer,  or 
curbing  and  guttering  improvements,  in  five  equal  yearly 
installments.  Said  warrants  shall  indicate  the  time  when 
each  installment  is  due.  and  provide  that  interest  at  the 
rate  of  six  per  "cent  per  annum  on  the  whole  sum  unpaid 
shall  lie  due  and  payable  at  the  time  each  installment  is 
due,  and  in  case  of  failure  to  pay  any  installment  at  the 
time  the  same  is  payable,  the  unpaid  principal  due  at 
said  time  shall  draw  interest  at  the  rate  of  eight  per  cent 
per  annum  and  that  one  or  more  installments,  in  the  order 
in  which  they  are  payable,  or  the  whole  warrant,  may 
be  paid  on  the  day  any  installment  becomes  due,  by  paying 
the   amount    thereof   and    interest    to    date   of   payment. 

ft  is  further  provided  that  said  warrants  shall  not  be 
issued  until  thirty  days  after  the  ordinance  confirming  the 
levy  of  said  tax  shall  become  effective;  and  that  any  pay- 
ments  received    within    said    thirtv    davs.    on    account    of    the 


877 

which    said    warrants   are    payable,    may    be 

paid   i"  the  contractor  .1-  a  partial   payment,  and   that    the 

ince   shall   l>c   paid   in    special    tax    warrants,   bearing   the 

linance  confirming  the  levy   of  said   tax   became 

Sec.    1156.      Special    tax    warrants    in    lieu    of    scrip.       Ii 

shall  be  lawful  for  the  cit)   auditor  to  issue  to  the  bona  fide 

holder  "t  any  scrip  against  any  special  tax  fund  <>i  Salt   Lake 

on  surrender  of  such  scrip,  by   such   holder  thereof,  a 

ial   tax   warrant,  >>r  warrant-,  of   the  denomination   pro- 

■. .  for  the  aggregate  am. mm  value  of  the  scrip  so 

surrendered;   and   the   auditor,  on   issuing   such    warrant    or 

.ill   denote   in   writing  on   the   back   thereof,   the 

tnd  the  amount   due  "tt  such   scrip;  and  pro- 

•  •thi-r,   that    in    an\    case,    where    warrants    have    been 

linst  any  such  special  tax  fund,  without 
tute  "r  ordinance   in   that    behalf,  such 
surrender  thereof,  by   any   bona   fide   holder 
ed  in  like  manner  as  scrip,   for   such 

•  .\    warrai 

Sec.  1157.     Ordinance  levying  to  be  certified  to  treasurer. 
It  -hall  '  -he  city  recorder,  immediately   after 

• 

■■ial   tax    -hall    become   effective 
to  the  city  treasurer. 

1158.     Board  of  equalization.     When   the  ordinance 

ssed,  the  board  "t'  com- 
qualization    and    review. 

Sec.   1159.     Assessment  list  and  plat.     Immediately  upon 

an  ordinance  levying  a  special 

r    shall  made    an    accurate    plat 

■-.    showing    the   owners 

of 

owner- 

60 


878 

ship  and  their  dimensions,  and  the  location  and  character  of 
the  improvement  proposed.  He  shall,  at  the  same  time, 
prepare  an  assessment  list  of  the  property  affected,  show- 
ing the  individual  owners,  the  amount  of  property  owned 
and  the  total  amount  of  the  tax  assessed  against  each  parcel. 
Whenever  the  name  of  the  true  owner  of  property  affected 
by  a  special  tax  cannot  be  ascertained,  the  treasurer  must 
assess  the  property  in  the  name  of  "Unknown  Owner," 
inserting  such   words   in  lieu  of  the   true   name. 

Sec.  1160.  Return  to  recorder.  Immediately  upon  the 
completion  of  the  assessment  list  and  plat,  the  treasurer 
shall  file  a  true  copy  thereof  with  the  recorder,  who  shall 
thereupon  notify  the  board  of  equalization  and  review  that 
the  assessment  list  and  plat  have  been  completed  and  a 
copy  thereof  filed  in  his  office. 

Sec.  1161.  Notice  to  be  given  to  board  of  equalization 
and  review.  When  the  assessment  list  and  plat  have  been 
completed,  and  a  copy  thereof  filed  in  the  office  of  the 
recorder,  the  board  of  equalization  and  review  shall  give 
notice  of  the  completion  of  such  lists  and  plat,  and  the  time 
and  place  of  meeting  of  said  board,  by  publication  of  such 
notice  for  one  dav  in  some  newspaper  published  in  Salt 
Lake     City. 

The  sessions  of  the  board  shall  be  during  the  usual 
business  hours,  and  shall  continue  for  a  period  of  not 
less  than  five  consecutive  days  and  the  assessment  lists 
and  plats  shall  be  open  to  inspection  during  those  hours, 
and   at    a   place   to   be   specified. 

Sec.  1162.  Ordinance  confirming.  Upon  the  comple- 
tion of  their  sessions  and  their  approval  of  the  assessment 
list,  the  board  of  equalization  and  review  shall  cause  to  be 
inserted  in  their  record  as  a  board  of  commissioners,  their 
doings    in    the    premises    and    any    corrections     or     changes 


879 

in    ill.  menl    list    and    shall   pass   an    ordinance 

rming  the  assessment  so  made. 

Sec.    1163.     Ordinance   confirming   certified  to   treasurer. 

It   shall  be  the  duty  of  the  recorder,   in  ely  upon   the 

ordinance  confirming  the  assessment  of  a  special  tax  becom- 

to    transmit    a   certified    copy    thereof    to    the 

isurer,  whose  duty   it   shall   be  to  proceed    to  collect 

the   special   tax. 

Sec.  1164.     Notice  of  special  tax.     Immediately  upon  the 

ipt    t>>    the   city   treasurer   of   the   certified   cop)    of    the 

nfirming  a  special  tax  or  assessment,  as  provided 

surer  shall  give  at  least  five  days'  notice 

ne  or   more   papers   having  a  general   circulation   in   the 

the  time  when  such  tax  or  assessment  shall  become 

rtquent;    such    notice    shall    be    substantially    in    the    fol- 

rm  : 

NOTICE   I  'I-    SPECIAL  T  \X. 

•it  it   ma;    concern: 

:-   hereby   given   that  a  special   tax   for  the  pur- 

(here  insert  briefly  a  description  of  the  improvement 

which  tl  -   levied  i   has  been   levied   and  confirmed 

board  of  commissioners  of  Salt    Lake 

•ah.   which  became  effective  on   the 

respectively. 

levied  upon  the  following  described 

tit    Lake  City,   to   wit    (here   insert   a   full 

affected    by    the    levy,    according 

■  >r  pieces  of  ground  as  the 

I    and    recrded  |,   and    i-    due    and 

in    installn  nd    will    become    delinquent 


880 

Said   first   installment  on  the day  of 

19 and    said    second    installment 

on    the day    of 19 

and  so  on  as  the  case  ma}-  be.  If  said  tax  is  payable  in 
installments,    insert: 

Interest  at  the  rate  of  six  per  cent  per  annum  on 
the  whole  amount  of  said  tax  shall  be  computed  from  the 
date  the  ordinance  confirming  the  levy  of  said   tax   becomes 

effective,   to  wit:     The    day  of 19...: 

and  interest  at  said  rate  on  the  whole  amount  of  said  tax 
unpaid  shall  be  due  and  payable  with  each  installment.  If 
any  installment  or  the  interest  aforesaid  is  not  paid  on  the 
date  when  the  same  becomes  due,  then  the  whole  amount 
of  the  tax  unpaid  at  the  time  said  installment  and  interest 
are  due  will  become  due  and  payable,  and  will  draw  interest 
at  the  rate  of  eight  per  cent  per  annum  until  -ale  of  the 
property  assessed.  One  or  more  of  said  installments  in 
the  order  in  which  they  are  payable  aforesaid,  or  the  whole 
tax  may  be  paid  at  any  time  within  thirty  days  after  the 
ordinance  confirming  the  levy  of  the  tax  becomes  effective, 
without  interest:  and  one  or  more  of  said  installments  m 
the  order  in  which  they  are  payable,  or  the  whole  tax 
unpaid,  may  be  paid  on  the  day  any  installment  is  due, 
by  paying  the  amount  thereof  and  interest  to  said  day. 

All    special   taxes   are  payable   at   my   office,   room 

City   and   County    Building,    Salt    Lake   City,    Utah. 

Dated  at  Salt   Lake  City.   Utah,  this    

day  of ,  19 

(  ity   treasurer  and  collector  of  special   taxes.. 

Sec.  1165.  Notice  of  special  tax  for  mailing.  \>  soon 
as  possible  after  the  first  publication  of  such  notice,  and 
not  more  than  five  days  after  the  receipt  by  him  of  the 
certified  copy  of  the  ordinance  confirming  a  special  t,i\  or 
assessment,  the  city  treasurer  shall  cause  to  be  deposited 
in   the    mail,   postpaid    and   addressed    to    the   several    owners 


881 


he  propertj  affected  l>>  the  levy,  as  they  may  then 
appear  upon  the  records  in  the  office  of  the  county  assessor, 
at    their    last    known    postoffice   address,    a    personal    notii 

tantially  in   the  following   Form: 

SPE<  I  \l.   TAX    M  ITK 

/  the  citj   treasurer  and  collector  of  taxes,  Room 
City  and  County  Building. 

Sail  Lake  City 1" 

: 

\.>ur  special  tax  on  the  within  described  property  for 
the  purpose  of   (hen    state  briefly   the  object   of  the  tax  or 

pa)  able   in   installments   as 

ating   am. units  and  date-  when   due).     Saul    tax 

is    levied    bj    ordinance   of   the   board   of   commissioners   of 

Lake    City,    and    affects    the    following    real    propertj 

the    records    of    Salt     Lake    County    in    your 

nan 


_ 

— 

: 

— 

-: 

: 

fc4 

. 

: 

i 

V. 

v. 

*j 

o 

o 

9 

u* 

■- 

0  -> 

AC 

~ 

cd 

t_ 

u 

- 

- 

r 

Inti  the  rate  "t   six   per  cent   per  annum   "ii   t he 

wh<  lid  tax  shall  be  computed  from  the  date 

the    ordinan  Firming    the    levy    of    said    tax    becomes 

day  of 19.  .  .  .  ; 

and  rate  on  the  whole  amount   "t   said   tax 

be    due    and    payable    with    each    installment 

r  the  interest   aforesaid   is   not   paid   on 

becomes  due.  the  whole  amount  of 

the   time    said    installment    and    interest 

due  and  payable,  and  will  draw  intei 


882 

at  the  rate  of  eight  per  cent  per  annum  until  the  -ale  of 
the  property  assessed.  (  )ne  ur  more  of  said  installments 
in  the  order  in  which  they  are  payable  aforesaid,  or  the 
whole  tax,  ma\  be  paid  at  any  time  within  thirty  days 
after  the  ordinance  confirming  the  levy  of  the  tax  becomes 
effective,  without  interest;  and  one  or  more  of  said  install- 
ments in  the  order  in  which  they  are  payable,  or  the  whole 
tax  unpaid,  may  be  paid  on  the  day  any  installment  is 
due  by  paying  the  amount  thereof  and  interest  to  said 
day. 

If  said  tax  is  not  paid  when  due,  I  shall  proceed  at  once 
to  collect,  with  interest  and  costs,  as  provided  by  law  and 
ordinance. 

All  special  taxes  are  payable  at   my  office,  Room , 

City   and    County    Building,    Salt    Lake    City,    Utah. 

Dated    at    Salt    Lake    City,    Utah,    this day 

of ,  19.... 

City  treasurer  and  collector  of  special  taxes. 

Sec.    1166.     Delinquent   list   and  notice   of  sale.     Within 

ten  days  after  the  date  of  delinquency,  as  fixed  in  the  levy 
and  notice  of  tax.  the  city  treasurer  shall  make  up  a  list 
of  all  property  upon  which  the  special  tax  remains  due  and 
unpaid,  and  cause  the  same  to  be  published  in  some  news- 
paper having  general  circulation  in  the  city,  daily  thereafter 
for  a  full  period  of  ten  days.  Said  delinquent  list  shall  con- 
tain a  description  of  the  property  delinquent  according  to 
li  'ts.  blocks  or  parcels,  together  with  the  owner's  name  or 
names,  if  known,  and  if  not  known,  in  lieu  thereof,  the  words 
"Unknown  Owner,"  with  the  amount  of  taxes  due,  on  each 
separate  parcel,  exclusive  of  costs,  and  shall  be  accompanied 
by  a  notice  of  sale  substantially  in  the  following  form: 

NOTICE   OF   SALE   FOR    SPECIAL    TAXES. 

Notice  is  hereby  given  that  special  taxes  for  (here  insert 
briefly    the    purpose    of    the    tax)    are    due    and    unpaid    in 


883 

amount-    and    upon    the    lands    sel    forth    and    described    in 

the   delinquent    list    hereto   attached,   and   unless   said    taxes, 

ther  with  tin-  costs  of  publication,  are  paid  on  or  before 

the day  of t  here  fix  a  day  at  l< 

from  the  date  of  the  first   publication),  the  real 

pert>    upon    which    such    taxes   are    a   lien,    will    on 

day,   !><.•   sold    for    said    taxes,   costs   of   advertising    and    ex- 

the  west   frool   door  of  the  Joinl   City  and 

nt)    Building  in  Salt   Lake  City,   I  "tab.  beginning  at   the 

if  said  da) .  and  continuing  until 
I   property   shall   have  been   sold. 

Sec.   1167.     Costs.     The  city  treasurer  shall   tax  against 
parcel    of   land    advertised   as    delinquent    the    sum    of 
ity-five  cent-  as  the  cosl  of  advertising  the  delinquency, 
and  shall,  after  the  first  publication,  in  all  instances  of  pay- 
ment,  sale   "r  redemption,   collect    such    amount    in    addition 
•    tax 

Sec.    1168.      Expense  of  sale.      In    case   of   a   sale   of   any 
land  the    city    treasurer    shall    add    to    the 

of  advertising    the    further  sum   of 
if   sale,   and    shall    in   all 

-ale  "r  redemption,  collect    -itch   sum. 

Sec.    1169.     Minimum  sale  price.      In   no  <  hall    land 

■    delinquent   special   taxes,  l>e   sold   for 
than   the  amount   of  such   special   taxes,   the   cost    of  ad- 
of  sale. 

Sec.    1170.     Sale.     <m    the    day    fixed    for    the    sale,    the 

or   by    deputy,    -hall    appear    at    the 

■d    in    the   notice   of    -ale.   and    -hall    there 

the    delinquent    real    estate    to    pay    the 

•i  to  the  highest   respons 

•    -ale    -hall    he    substantially 

in  the  follov  There  i-  delinquent  upon 


884 

(here  describe  the  piece  of  property  as  in  the  notice)  special 

taxes  amounting  to  S ,  with  costs  and  expenses  of 

$ what    i-   the    smallest    portion   of  this  property 

which  you  will  take  and  pay  the  taxes,  costs  and  expenses. 
If  the  sale  is  not  concluded  by  four  o'clock  in  the  afternoon 
of  the  day  advertised,  it  ma\  be,  1>\  the  treasurer,  continued 
until  noon  of  the  next  succeeding  business  day.  and  there- 
after in  the  same  manner  proceeded  with  and  continued  until 
completed. 

Sec.  1171.  Sale  to  city.  In  case  no  bid,  at  least  equal- 
ing the  amount  of  tax,  cost  of  advertising-  and  expense  of 
sale,  on  each  separate  parcel,  is  received,  as  each  separate 
parcel  i^  offered  for  sale,  such  parcel  shall  be  deemed  bid 
in  for  Salt  Lake  City,  and  by  the  city  treasurer  shall  be 
sold  to  Salt  Lake  City  for  the  amount  of  the  tax.  the  cost 
of  advertising  and  expense  of  sale,  and  such  sale  shall  have 
the  same  effect  as  if  made  to  an  individual. 

Sec.  1172.  Tax  sale  record.  The  treasurer  shall  make  a 
record  of  all  sales  of  real  property  in  a  book  to  be  kept  by 
him  for  that  purpose,  therein  describing  the  several  parcels  of 
real  property  on  which  the  taxes,  costs  and  expenses  were 
paid  by  purchasers,  in  the  same  order  as  that  in  which 
said  property  was  advertised  for  sale,  stating  in  separate 
columns,  the  property,  the  amount  of  the  tax,  the  costs  and 
expenses,  how  much  and  what  part  of  each  tract  was 
sold,  to  whom  sold,  the  date  of  sale  and  the  day  of  re- 
demption. At  the  end  of  each  calendar  year  the  book  shall 
be  endorsed  "City  Treasurer's   Special   Tax   Sale   Record   for 

the    Year "    and    it     shall    then    be    filed    in    his 

office.  Whenever,  thereafter,  any  portion  of  property  so 
sold  shall  be  redeemed,  the  fact  of  redemption  shall  be,  by 
the  treasurer,  entered  opposite  the  property  in  the  Tax 
Sale  Record.  At  the  expiration  of  four  vears  from  the 
date  of  filing  in  his  office,  the  city  treasurer  must  remove 
and  file  each  yearly  tax  sale  record  in  the  office  of  the  city 
recorder. 


885 

Sec.  1173.  Certificate  of  sale.  When  real  estate  is 
[or  taxes,  the  treasurer  shall  make  out,  sign,  acknowledge 
and  deliver  to  the  purchaser,  a  certificate  of  sale  which  shall 
recite  the  facts  of  sale  as  in  the  tax  sale  record,  and  thai  pay- 
ment has  been  made  therefor,  and  shall  be  substantially  in 
the  follow  ing  form  : 

CERTIFICATE   OF    SALE    FOR    SPECIAL   TAX. 

I  h:~  certifies  that  on  the day  of 1"     . 

in  pursuance  of  law   and  ordinance,   1 

surer  and  ex  officio  collector  of  special  taxes  for 

Salt    Lake  City,   Utah,  sold   to subject 

tn   redemption,   as  provided   1>>    law,   the   following  property 
in    Salt    Lake    City,    for    delinquent    special    taxes    ass< 
nsl  said  property  in  the  name  of to  wit : 


-  ■          -  1  - 
-  z- 

_  —    z 

z 

BO 

I  late  "f 
Sale 

1  lay  ..f 

Redi  mptton 

Total  t.. 

Rl  '!•  'in  al 
Tins  1 

Including 
Certlfl 

Payment  therefor  has  been  made  bj    said 

Dated, 

City    treasurer   and    exofficio   collector   of   special    taxes 

Salt    Lake  City. 

i  Kcknowledgmenl  in  statutory  fom 


Sec.  1174.  Fees.  The  treasurer  shall  collect  a  fee  of 
two  dollars  for  each  certificate  issued,  which  fee  shall  be 
covered  into  the  city  treasury. 


886 

Sec.  1175.  Certificate  of  sale  to  city.  When  property 
is  sold  to  the  city,  the  certificate  of  sale  shall  be  delivered 
to  the  city  auditor,  whose  duty  it  shall  be  to  see  that  such 
certificate  is  properly  recorded  in  the  office  of  the  county 
recorder,  and  shall  thereafter  be  kept  as  a  part  of  the 
records  of   the   city   engineer's  office. 

Sec.  1176.  General  taxes  on  delinquent  propeity.  Be- 
tween the  15th  day  of  November  and  the  15th  day  of 
December,  in  each  year,  the  city  auditor  shall  ascertain, 
by  examination  of  the  county  records,  what,  if  any,  of  the 
property  sold  to  Salt  Lake  City,  is  delinquent  and  about 
to  be  sold  for  general  taxes,  and  report  the  property  and 
the  amount  of  taxes  in  each  instance,  to  the  board  of  commis- 
sioners, with  a  request  that  the  amount  thereof  be  appropri- 
ated to  Salt  Lake  County.  It  shall  be  the  duty  of  the  board 
of  commissioners  to  appropriate  the  amount  as  recommended 
by  the  city  auditor,  and  he  shall  thereupon  draw  a  warrant 
in  favor  of  Salt  Lake  County  for  the  total  sum  of  such  de- 
linquent taxes  and  deliver  the  same  to  the  county  treasurer, 
taking  duplicate  receipts  for  each  separate  piece  or  parcel  of 
property  upon  which  the  general  taxes  are  thus  paid.  The 
city  auditor  shall  thereupon  deliver  one  of  each  such  re- 
ceipts to  the  city  treasurer  and  file  and  attach  the  other 
to  the  corresponding  certificate  of  sale  in  his  office.  Upon 
receiving  such  receipt,  the  city  treasurer  shall  make  entry 
on  his  tax  sale  record,  opposite  the  corresponding  property, 
of  the  date  and  amount  of  taxes  paid.  Such  taxes  shall 
thereafter  draw  interest  at  the  rate  of  one  per  cent  per 
month,  and  shall  be  included  in  the  amount  required  to  be 
paid  for  redemption  of  such  property. 

Sec.  1177.  Redemption.  Real  estate  sold  for  special 
taxes  may  be  redeemed  by  any  person  interested  therein, 
at  any  time  within  four  years  after  the  date  of  the  sale 
thereof,  by  such  person  paying  into  the  citv  treasury, 
for  the  use  of  the   purchaser  or   his   legal    represenative,  the 


887 

nil  paid  by  Midi  purchaser,  and  all  costs  and  expenses, 
including  the  cost  of  the  certificate  of  sale,  together  with 
the  sum  of  fift)  cents  for  the  redemption  certificate,  and 
all  special  taxes  that  have  accrued  thereon  and  which  have 
been  paid  l>>  the  purchaser  after  his  purchase  to  the  time 
of  redemption,  together  with  interesl  at  the  rate  of  one 
per  cent  per  month  "ii  the  whole  from  the  date  of  payment 
to  the  day  of  redemption;  provided,  that  in  all  cases  whi 
property    has    been    sold    to    Salt    I  ake    I  ity,    and    general 

-  thereon  have  been  thereafter  paid  by  such  city,  it  shall 
be  necessarj  also  for  a  redemptioner  to  pay  the  amounl 
such  general  taxes,  so  paid  as  aforesaid,  with  interesl 
thereon  from  the  date  of  payment  to  the  day  of  redemption, 
at  the  rate  of  one  per  cent  per  month;  and  proivded,  further, 
that  when  two  or  more  parties  arc  interested  in  a  piece  of 
property  which  lias  been  sold  For  taxes,  either  part}  may 
redeem  the  property  in  which  he  is  interested,  upon  pa) 
men!  of  that  proportion  of  the  taxes,  interest  and  costs  which 
his  property  bears  to  the  whole  property  sold,  together 
with  the  sum  of  fifty  cents  for  a  redemption  certificate. 

Sec.  1178.  Certificate  of  redemption.  The  city  treas- 
urer shall,  when  any  property  is  redeemed,  make  the  proper 
entry  in  the  tax  sale  record  filed  in  his  office,  and  issue 
a  certificate  of  redemption,  which  certificate  shall  he,  by  him. 
acknowledged,  and  which  said  entry  or  said  certificate  shall 
he  prima  facie  evidence  of  Mich  redemption, 

Sec.  1179.  Notice  of  redemption.  In  all  cases  where 
propert)  Salt    Lake  City  is  redeemed,   the   city  ti 

urer  shall  issue  a  formal  notice  of  Mich  redemption  in  writ- 
ing, and  file  the  same  with  the  city  auditor,  whose  duty 
it  shall  he  to  attach  such  notice  to  the  corresponding  certifi- 
of  -ale  ''ii  file  in  his  office,  and  indorse  ><n  the  filing 
Of  such  certificate,  in  red  ink.  the  word  "Redeem 
and    the   date   of   redemption. 


888 

Sec.  1180.     Tax  deed.     If  any  property  sold  as  aforesaid 

be  not  redeemed  within  the  time  and  in  the  manner  in  this 
chapter  provided,  upon  the  deposit  of  the  tax  sale  record 
for  the  year  in  which  said  property  was  sold,  by  the  treasurer 
with  the  city  recorder,  the  city-  recorder  shall,  on  presentation 
of  the  treasurer's  certificate  of  sale,  make  and  acknowledge 
a  deed  conveying-  the  property  therein  described  to  the 
purchaser,  his  heirs  or  assigns,  as  the  case  may  be.  If  any 
person  shall  be  entitled  to  receive  deeds  for  more  than  one 
parcel  of  property,  he  may  have  the  whole  included  in 
one  deed,  but  each  parcel  shall  be  separately  described. 
Beginning  in  1908,  and  annually  thereafter  in  January  of 
each  year,  or  as  soon  thereafter  as  the  business  of  his 
office  will  permit,  the  city  recorder  shall  make  and  ac- 
knowledge a  deed,  conveying  to  Salt  Lake  City  all  property 
purchased  in  the  name  of  the  city  at  special  tax  sale  and 
not  theretofore  redeemed,  as  in  this  chapter  provided,  and 
deli\er  the  same  to  the  city  auditor,  whose  duty  it  shall 
be  to  see  that  such  deeds  are  properly  recorded  in  the  office 
of  the  county  recorder,  and  thereafter  kept  on  file  in  his 
office.  Deeds  issued  by  the  city  recorder  in  pursuance 
of  the  provisions  of  this  chapter,  shall  recite  substantially 
the  amount  of  tax  for  which  the  property  was  sold,  the 
particular  purpose  of  the  tax  levied,  the  year  in  which  the 
levy  was  made,  the  day  and  year  of  sale,  the  amount  for 
which  the  real  estate  was  sold,  a  description  of  the  property 
sold.  in  accordance  with  the  certificate  of  sale,  the  name  of 
the  purchaser,  or  the  purchaser's  assignee,  and  shall  be 
executed  by  the  city  recorder  on  behalf  of  the  city,  and  by 
him  acknowledged  so  as  to  be  entitled  to  record. 

Sec.  1181.  Tax  deed  record.  The  city  recorder  shall 
keep  on  file  in  his  office  a  record  of  all  tax  deeds  issued  by 
him,  which  shall  be  a  facsimile  copy  of  the  deeds  so  issued. 
and  which  shall  be  indexed  in  the  name  of  the  party  whose 
property  was  sold  for  taxes,  and  also  in  the  name  of  the 
individual   to   whom   the   tax   deed   was  issued. 


889 

Sec.  1182.  Recorder's  fees.  The  city  recorder  shall 
colled  two  dollars  for  each  deed  issued,  for  the  firsl  de- 
scription of  propert)  contained  in  such  deed,  and  !"<>r  each 
additional  description  of  propert)  in  such  deed,  one  dollar, 
and  cover  such  fees  monthly  into  the  city  treasurj  .  provided, 
that  in  cases  where  Salt  Lake  City  is  the  tax  sale  purchaser, 
ii"  fee  -had  be  collected. 

Sec.  1183.  Redemption  after  deed.  Whenever  property 
-■111  for  special  taxes  and  bought  in  by  Salt  Lake  *  it) 
shall  not  have  been  redeemed  within  the  time  specified, 
but  shall  have  been  conveyed  to  Salt  Lake  (  it}  b)  recorder's 
deed,  such  propert)  may  thereafter  be  redeemed  b)  the 
owner,  his  heirs,  personal  representatives  or  assigns,  upon 
petition  therefor  addressed  to  the  board  of  commissioners, 
and  upon  such  terms  as  the  board  of  commissioners  may 
determine:  provided,  that  in  no  ease  shall  redemption  be 
allowed  for  less  than  the  amount  of  the  tax,  cost  of  sale  and 
expense  of  the  certificate  and  deed,  together  with  interesl 
thereon  at  the  rale  of  one  per  cent  per  month  to  the  date  of 
redempti.  >n. 

Sec.  1184.  Refunding  excess  special  taxes.  City  engineer. 
The  city  engineer  shall  report  to  the  board  of  commissioners 

h  impn  i\  ement .  to  defray  which,  a 
-peeial  or  local  tax  has  been  levied  by  the  board  of  com- 
missioners, as  soon  as  the  actual  est  can  be  ascertained. 
Such    report   shall   also   show    the   dii  if   any,   between 

the    actual    cost    and    the    tax    levied,    both    by    total    and    b) 
,  the    foot    frontage    abutting    upon    such    improvement.      lie 
shall   also,   al    the   same   time,   file   one   copy   of   such   reporl 
with  the  city  treasurer,  and  one  copy  with  the  city  auditor. 

Sec.    1185.      Same.      City    treasurer.       The   city    treasurer. 

immediately     upon     the    receipt    of    the     report     mentioned     in 

Section     1184    -hall    report    to    tin-    city    auditor    a    li-l    of    ;dl 

n-    who    have    paid    into    the    city    treasury    any    portion 

local    tax.   together    with    the   amount 


890 

paid,  which  may  be  in  excess  of  the  actual  cost  of  the  por- 
tion of  such  improvement,  upon  which  the  lot  or  parcel  of 
land  belonging  to  each  of  such  persons  abuts,  and  which 
has  been  assessed  for  such  improvement.  The  treasurer's 
report  shall  also  show  the  abutting  frontage  of  each  of 
such  persons,  and  the  amount  of  tax  assessed  against  each. 

Sec.  1186.  Same.  City  auditor.  The  city  auditor,  im- 
mediately upon  the  receipt  of  the  city  treasurer's  report 
mentioned  in  Section  1185,  shall  proceed  to  examine  the 
same.  He  shall  determine  what  persons  are  justly  en- 
titled to  a  refund  of  any  portion  of  such  tax,  and  the 
amount  to  which  each  person  is  entitled.  He  shall  audit 
such  claim  in  the  same  manner  as  other  claims  are  audited, 
and  shall  immediately  report  them  to  the  board  of  com- 
missioners, with  such  particulars  and  information  as  will 
fully   inform   the   board   of   commissioners. 

Sec.  1187.  Same.  Board  of  commissioners.  The  board 
of  commissioners,  upon  the  receipt  of  the  reports  mentioned 
in  Sections  1184  and  1185.  shall  (if  deemed  just  and  proper) 
appropriate  to  each  person  entitled  thereto,  any  portion  of 
such  special  or  local  tax  paid  by  him  into  the  city  treasury, 
which  may  be  in  excess  of  the  actual  cost  of  the  portion 
"I  such  improvement,  upon  which  the  lot  or  parcel  of  land 
belonging  t<>  such  person  abuts,  and  which  has  been  assessed 
for  such  improvement ;  and  shall  rebate  and  remit  the 
portion  of  such  tax  which  is  in  excess  of  the  actual  cost  of 
such   improvement. 

Sec.  1188.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may.  in  imposing  a  fine,  enter 
a-  a  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  may  be  imprisoned  in  the  city  jail  for 
a  period   not   exceeding  thirty  days. 


891 


CHAPTER   LV. 

STREETS 

Section    1189.      Defects    in    streets    to    be    reported    and 
repaired.     All  defects  in  public  streets,  coming  to  the  know! 
inj    officer   or   person   in   the   employ   of   the   city, 
shall  be  by  him  at  once  communicated   to  the  supervisor  of 
ind    irrigation,    and    he    or    some    competent     per 
iled    by    him   shall,    without    delay,   repair,   or   cause 
such    defect     to    l>e    immediately    repaired;    and.    until    such 
ipleted,  he  shall  do  whatever  shall  he  necessary 
•  ■t  the  public  from  injury  by  reason  of  the  defect. 

Sec.    1190.     Restoration  after  excavation.      Whenever   an 

iny  purpose  is  made  or  permitted  in  a  public 

•    under    or    by    the    order    of    the    department    having 

rant    Such    permit,    the    street    shall    he    restored    t<' 

it-   normal   condition  by   the   person  or  department    making 

the  excavation,  without   unnecessary  delay,  and,  if  it  is  not 

in  a  manner  satisfact  the  supervisor  of  streets 

and  n.  although   it   may  ii"t   be  dangerous   t"  public 

travel.  :'  sor  -hall  notify  the  person   who  made 

tlie   excavation    to    forthwith    make   such    further    restoration 

»upi  rvisor  deem-  necessary,  and   if  such  pet 

1  supervisor  -hall  cause  such  restora- 
tion and  -hall  charge  such  person  therefor;  and. 
until  such  restoration  i-  completed,  he  shall  the 
public  from  injury  by  reason  of  such  def 

Sec.  1191.     Written  notice  to  street  supervisor  of  excava- 
tions.     It    -hall    he    unlawful    for    any    person    in    the   employ 
5alt    Lake   City  (••   make  "r  cause   t"  he   made   any  exca- 
n  any  pul  avel  or  other 

simil  ,'   from  any  -treet,  unless  he,  or  the  head  of  the 


892 

department  under  whose  direction  the  work  is  being  done, 
has  first  notified  the  supervisor  of  streets  and  irrigation  in 
writing  of  the  intention  to  make  such  excavation  and  of  the 
time   when  and   place   where   such    excavation    will   be   made. 

Sec.  1192.  Street  excavations.  It  shall  be  unlawful  for 
any  person  to  make  any  excavation  in  any  street,  lane  or 
alley,  or  remove  any  pavement  or  other  materials  forming 
any  street  or  improvement  thereon  without  a  permit  from 
the  supervisor  of  streets  and   irrigation. 

Sec.  1193.  Permits.  Applications,  bonds,  fees.  No  per- 
mit for  any  street  excavation  shall  be  issued  until  written 
application  therefor  has  been  made  to  the  supervisor  of 
streets  and  irrigation,  signed  by  the  party  making  the 
excavation,  or  by  the  party  at  whose  instance  it  is  to  be 
made;  nor  until  the  applicant  has  filed  with  the  supervisor  of 
streets  and  irrigation  a  bond  of  indemnity  to  the  city,  with 
sureties  t<  >  hv  approved  by  the  board  of  commissioners,  con- 
ditioned that  the  person  making  the  excavation  will  erect 
ami  maintain  about  said  excavation,  and  until  the  street  is 
restored  to  its  normal  condition,  sufficient  guards,  signals, 
barricades  and  lights,  to  prevent  accident,  and  will,  as 
soon  as  may  be  after  the  completion  of  said  work,  restore 
said  street  t<>  the  same  condition  in  which  it  existed  prior 
tri  said  excavation,  and  will  remove  rocks,  dirt  and  rubbish 
from  the  street,  and  will  save  the  city  harmless  from  any 
and  all  claims,  liabilities,  demands  or  damages,  for  any 
and  all  injuries  to  person  or  property  arising  in  any  manner 
out  of  or  by  reason  of  any  such  excavation.  Such  bond 
shall  be  in  the  sume  of  five  thousand  dollars,  for  excavations 
in  all  streets;  provided,  hozucver,  that  whenever  paving  or 
macadam,  dirt  or  rock  is  removed  in  the  process  of  any 
street  excavation,  such  paving  or  macadam,  dirt  or  rock 
must  be  replaced  under  the  direction  and  to  the  satisfaction 
of  the  supervisor  of  streets  and  irrigation,  and  at  the 
expense   of    the    part)    making   the    excavation;   and.    provided 


893 

further,  that  am  person  operating  in  or  using  an}  of  ilie 
streets  under  a  franchise,  or  any  person  who  in  the  pursuit 
of  his  JHng,  lias  frequent  occasion  to  open  or  make 

excavations    in    the    public    streets,    may    file    a    l>"iul    with 
corporate   surety   in   the   sum   of   ten   thousand   dollars, 
ditioned  as  above,  to  cover  all  excavations  made  for  a  period 
of   two   years    from    the   date   of    filing,   but    permits    for   all 
excavations,    except    for    the    replacement    of    street    railway 
rails   ami   ties  in   unpaved   streets,   must   be   applied    for  and 
re  u   shall  be  lawful  to  make  an)    such  excava- 
\ed  further,  that  in  excavating  through  asphalt  or 
cement,  or  beneath  stone  blocks,  the  excavation  shall  be  cut 
perpendicularly  at  the  side  and  ends  from  the  surface,  the  full 
I  'h  and  width  of  all  excavations  to  the  necessary  depth; 
.mi   top  of  the   back-filling  there   shall   he   placed   -i\   inches 

•  '..ne   or   concrete    flush    with    the    pavement,    ami    in    all 

-.   whether   the   excavation   is   made   through   asphalt 
otherwise,  in  back-filling  the  material  used   for  that   pur] 
shall    he    thoroughly    tamped    and    a    sufficient    quantit)    o\ 
water    used    t"    properlj     settle    the    material    so    used;    and 
after    compli  n    excavation    and    back-filling,    all    dirt, 

p.cks  and  rubbish  shall  be  removed  from  the  street;  provided 
further,  that  failure  on  the  part  of  any  pet-.  .11  t..  comply 
with  any  of  the  provisions  of  this  chapter  shall  be  a  suf- 
ficient  reason  for  the  supervisor  of  street-  ami  irrigation 
refusing   a    permit    to    excavate    in    the    streets    of    this    city; 

•(/<■(/  further,  that  no  excavation  -hall  be  permitted  to 
remain  ..pen  111  any  street  of  this  city  for  a  longer  period 
than  ten  day-.  If  this  provision  1-  violated  the  supervisor 
ition  may  fill  any  such  excavation  at  the 
expense  ■■:  the  person  making  the  same;  provided  further, 
that  the  supervisor  of  streets  and  irrigation  -hall  charge 
and  collect,  up. .11  issuing  any  permit,  the  following  fees  and 
chai .  vit : 

For   excavating   in   any  cement    sidewalk,   for   the    firsl 

eighl  square  feet  ..r  part  thereof $  2.00 

For  each  additional  square  I  laii   thereof 25 

67 


894 

For  excavating  in  any  asphalt  pavement,  for  the  first 

eleven  feet  or  part  thereof 5.00 

For  each  additional  square  foot  or  part  thereof 45 

For  excavating  in  any  macadam  pavement,  for  the  first 

ten  square  feet  or  part  thereof 2.00 

For  each  additional  square  foot  or  part  thereof.  . 20 

For  excavating  for  stone,  blocks,  for  each  square  foot 

or  part    thereof 40 

For    inspecting    work    when    there    is    no    asphalt    or 

macadam  pavement,  per  block 10.00 

And  at   the  same  rate  for  less  than  a  block. 

Sec.  1194.  Failure  to  replace  street.  It  shall  be  unlaw- 
ful for  any  person  having  made  an  excavation  in  any 
street,  whether  under  a  permit  or  otherwise,  to  fail,  neglect 
or  refuse,  for  a  period  of  ten  days  after  notice  from  the 
supervisor  of  streets  and  irrigation,  to  restore  said  street 
tn    its    normal    condition. 

Sec.  1195.  Excavations  must  be  guarded  with  barricades 
and  lights.  It  shall  be  unlawful  for  any  person,  bv  or  for 
whom  any  excavation  is  made  in  a  public  street  for  any 
purpose,  to  fail  to  cause  a  barricade,  rail  or  other  sufficient 
fence  to  be  placed  so  as  to  enclose  such  excavation,  to- 
gether with  the  dirt,  gravel  or  other  material  thrown  there- 
from, and  to  maintain  such  barricade  during  the  whole  time 
for  which  such  excavation  continues;  and  it  shall  be  unlaw- 
ful for  any  person  to  fail  to  have  a  lighted  lantern,  or  some 
other  proper  and  sufficient  light  fixed  to  some  part  of  such 
barricade,  or  in  some  other  proper  manner  over  or  near  the 
excavation,  and  over  and  near  the  dirt,  gravel  or  other 
material  taken  therefrom,  and  so  kept  from  the  beginning 
of  twilight  through  the  whole  of  every  night  during  all 
the  time  such  excavation  exists.  It  shall  be  unlawful  for 
any  person  to  maliciously  or  wantonly,  and  without  legal 
cause,  to  extinguish,  remove  or  diminish  a  light,  or  to  tear 
down  or  remove  any  rail,  fence  or  barricade  fixed  in  accord- 
ance  with    the   provisions   of   this    section. 


895 

Sec.  1196.  Permit  to  occupy  street  with  building  ma- 
terial. Bond.  It  —li ;il  1  be  unlawful  for  any  person  to  occupy 
or  use  any  portion  of  a  public  streel  for  the  erection  or 
repair  of  any  building  abutting  thereon,  without  first 
making    application    to    and    receiving    from    the    board    of 

missioners  a  permil  For  the  occupation  or  use.  for  build- 
ing purposes,  of  such  portions  of  streets,  and  for  such 
periods  of  time  and  under  such  limitations  and  restrictions 
as  may  be  required  by  ordinance  or  by  the  public 
venience;  proznded,  that  no  permil  shall  be  granted  to  occupy 
more  than  fifteen  feel  from  the  curb  line,  and  any  such 
permit  may  be  revoked  by  the  board  of  commissioners,  at 
any  time,  when  the  holder  thereof  fails  i<>  comply  with 
any  rule  or  regulation  under  which  it  i-  granted,  or  when. 
in    the   opinion    of   the   board   of   commissioners.,   the    public 

;  requires  such  revocation.  No  such  permil  shall  be 
rated  until  the  applicant  therefor  shall  have  given  a 
bond  in  the  sum  of  $5,000,  to  be  approved  by  the  board  of 
commissioners.  Such  bond  shall  run  to  Salt  I  aki  Citj  and 
■I  injured  by  reason  of  the  failure  of  the  principal 
therein  to  comply  with  the  provisions  of  this  section  and 
tion  1197  of  the  ordinances  of  this  city.  No  part  of  a 
street  other  than  that  so  allotted  shall  be  used  for  depositing 
materials  for  work  t..  be  done  or  for  receiving  rubbish  arising 
from  Mich  work,  and  all  such  rubbish  shall  be  carried  away 
by  tin-  person  t"  whom  the  permit  is  granted,  ami  at  such 
times  as  the  board  of  commissioners  or  the  supervisor  "t 
streets  and  irrigation  may  direct,  ami  in  case  of  the  neglect 
or  refusal  of  such  persons  so  t'1  remove  such  rubbish,  it 
shall  be  removed,  at  In-  expense,  by  the  supervisor  of 
streets    ami    irrigation. 

Sec.  1197.  Fence  and  walk.  Around  street  used  for 
building  purposes.  Removal.  Restoration  of  walk.  Bridg- 
ing walk.  Advertisements.  Painting.  It  -hall  be  unlawful 
for  any   person    to  occupy  any   portion   of  any    street    while 

•itiL.'  or   repairing  a  building,  or   making  an   excavation. 


896 

or  for  any  other  purpose,  even  with  the  permit  provided 
for  in  the  last  preceding  section,  unless  he  shall  first  build 
around  the  portion  of  the  street  to  be  occupied  a  tight  board 
fence,  at  least  six  Feet  high,  surrounded  by  a  good  substantial 
board  walk,  at  least  six  feet  in  width.  Said,  fence  shall  be 
made  of  clean  lumber,  dressed  on  the  side  facing  the  street, 
and  at  no  time  shall  said  fence  have  thereon  any  painted, 
printed  or  other  advertisements.  All  openings  in  said  fence 
must  be  provided  with  gates  opening  inward.  When  any 
building  of  two  or  more  stories  in  height  is  being  erected 
within  the  fire  limits  of  this  city,  and  shall  have  reached 
the  top  of  the  first  story  thereof,  or  when  any  such  building 
is  being  repaired  above  the  first  story  thereof,  then  any 
fence  or  sidewalk  occupying  the  street  or  sidewalk  in  front 
of  said  building  shall  be  at  once  removed,  and  the  sidewalk 
abutting  said  building  at  once  restored  to  the  use  of  pedes- 
trians, and  said  last  named  sidewalk  bridged  or  covered 
at  a  height  of  not  less  than  nine  feet  above  the  line  of  said 
sidewalk  and  ten  feet  wide,  with  lumber  or  timber  of  suf- 
ficient strength  to  protect  pedestrians  from  injury  by  fall- 
ing materials,  tools  or  appliances,  and  to  the  approval  of  the 
building  inspector.  Any  person  so  occupying  any  portion 
of  an}'  street  shall  be  responsible  to  the  city  for  all  injuries 
sustained  by  any  person  in  consequence  of  any  failure  to 
strictly   comply    with    the    provisions   of   this    section. 

It  shall  also  be  unlawful  for  any  person  to  place  upon 
any  building,  fence  or  other  structure,  such  building,  fence 
or  other  structure  being  within  two  feet  of  any  sidewalk  in 
this  city,  any  paint  or  other  substance,  without  First 
erecting  and  maintaining  above  such  sidewalk,  or  between 
the  same  and  such  building,  fence  or  other  structure,  as  the 
case  may  be,  a  barrier  sufficient  to  protect  pedestrian- 
from  such  paint  or  other  substance  falling  upon  them,  or 
from   coming  in  contact    with  such  paint  or  other  substance. 

Sec.  1198.  Piling  or  mixing  mortar,  etc..  on  pavements. 
It   shall   be   unlawful  to  place  or  pile,  or  to  cause  or  permit 


89" 

to  be  placed  or  piled,  any  sand,  gravel,  lime,  i  tar. 

ter,  concrete,  or  any  other   substance  or  mixture,  or  to 
allow  the  same  to  remain  on  any  portion  of  any  paved  street 

sidewalk  in  Salt  Lake  City;  or  to  make  or  mix.  or  to  c; 
or  permit  to  l>e  made  or  mixed,  any  mortar,  plaster,  concrete, 
or  any  other  like  substance  or  mixture  on  any  portion  of  an) 
paved  street  or  sidewalk  in  Salt  Lake  City;  provided,  that  in 
en  work  is  being  done  on  buildings  or  pavements, 
tlie  board  of  commissioners  may  -ram  the  person  or  con 
tractor  doing  such  work  permission  to  mix  cement,  concrete 
uilding  materials,  in  tight  boxes,  or  on  tightlj  joined 
boards,  on   such  pavements  or   walk  under  such   restrictions 

the  hoard  of  commissioners  may  deem   proper. 

Sec.    1199.      Depositing  matter  in   streets   prohibited.      It 
shall    be   unlawful    for  any   person    to   intentionally   or  care- 
.  cast,  put   into,  drop  or  leave  in   any  street   or 
public   place,  any   stones,   gravel,   dirt,   manure.   garbag< 
rubbish  of  any  kind. 


Sec.  1200.     Distribution  of  advertisements  on  streets  pro- 
hibited.     It    shall    be    unlawful    for   any    person    to    distribute 
in   any   manner  any  circular,   hand-bill,   poster  or  any   adver- 
ent  whatever,  in  or  upon  the  following  portions  of  the 
Salt    Lake  City,  to   wit:    Main   street    from    North 
Fifth    South    street.    South    Temple    street     from 
nd    West    street    to    Third    East     streets,     First    South 
md  West  street  to  Third   Easl  street,  Second 
■    from    Fifth   W<  t    to   Third    Easl    street, 

Third  South   street   from   Fourth   W<  et    to  Thit 

»m    North    Temple    streel    !■• 

Fifth  South  -'ate  street   from   North  Temple  to   Fifth 

and    all    of    the    following    -tree;-.      I  ommercial 

Orpheum    avenue,    Richards  Edison 

l'iet-  enue,   Post  Office  place.   Exchange  place.  Cactus 

place.  Rio  <  irandi 


898 

Sec.  1201.  Unlawful  to  burn  rubbish,  etc.  It  shall 
be  unlawful  for  any  person  to  ignite,  set  fire  to  or  burn 
any  rubbish,  paper,  shavings,  boxes,  household  refuse  or  any 
other  combustible  materials  upon  any  street,  sidewalk,  alley 
or  lot  within  the  fire  districts  of  Salt   Lake  City. 

Sec.  1202.  May  burn  rubbish  without  fire  district,  when. 
It  shall  be  unlawful  for  any  person  to  ignite,  set 
fire  to  or  burn  any  rubbish,  paper,  shavings,  boxes,  house- 
hold refuse  or  any  other  combustible  material,  upon  any 
street,  sidewalk,  alky  or  lot  in  Salt  Lake  City,  outside  of 
said  fire  districts,  except  between  the  hours  of  6  o'clock 
a.  m.  and  9  o'clock  a.  m.  of  any  day. 

Sec.    1203.     Soliciting   upon   streets   prohibited.      It   shall 

be  unlawful  for  any  person  to  solicit  patronage  for  any 
hotel,  lodging  house,  apartment  house,  restaurant  or  cafe, 
or  to  solicit  patronage  for  any  purpose  whatever  in  front 
of  any  regularly  established  place  of  business  or  in  or  upon 
any  public  street  or  alley  or  other  jmblic  place  in  Salt  Lake 
City;  provided,  that  the  provisions  of  this  ordinance  shall 
not  be  construed  to  prohibit  any  person  duly  licensed  so  to 
do,  from  soliciting  such  patronage  at  railway  stations  and 
depots,  in  the  manner  provided  by  law. 

Sec.  1204.  Lunch  cars,  etc.,  on  streets.  It  shall  lie 
unlawful  for  any  person  to  engage  in  or  carry  on  the 
business  of  selling  lunches  or  any  article,  thing,  merchandise 
or  commodity,  from  or  in  wagons,  cars  or  any  other  vehicle 
or  structure  in  or  upon  the  streets  of  Salt  Lake  City  within 
the  district  bounded  on  the  north  l>v  the  north  side  of 
South  Temple  street,  on  the  east  by  the  east  side  of  Second 
East  street,  on  the  south  by  the  south  side  of  Fifth  South 
street,  on   the  west  by  the   west   side  of   First   West   street. 

Sec.  1205.  Speechmaking  on  streets  prohibited.  Excep- 
tion,      ll    shall    he    unlawful    for    any    person    to    hold,    con- 


899 

duel    or   address   an)    assemblage,   meeting   or   gathering   of 
-  ins  or   i"   make   or  deliver   any   public   speech,   sermon, 
lecture  or  discussion  or  to  conducl  or  take  part  in  any  public 
debate  or  disc'ussion,  in  or  upon  any  public   stn  illey 

within  the  city  of  Salt  Lake,  excepl  such  person  shall  have 
first  obtained  a  permit  in  writing  so  to  do  from  the  board 
of  commissioners. 

Sec.  1206.  Advertising  by  floats,  etc.,  prohibited.  It 
shall  be  unlawful  for  any  person  to  engage  in  the 
business  of  advertising  or  to  advertise  his  avocation 
■  T  business  by  the  use  of  floats,  printed  signs,  posters  or 
advertisements  of  any  kind,  attached  to  an}  vehicle  of  any 
description,  or  any  animal,  within  the  district  or  upon  the 
streets    mentioned    in    Section    \2W;    provided,    however,    this 

ion  shall  no1  be  construed  to  prohibil  advertising  by 
any  person  of  his  business  by  signs  and  advertisements, 
painted,  printed  or  attached  to  vehicles  in  the  customary 
manner. 

Sec.  1207.  Obstructions.  It  shall  be  unlawful  for  any 
pers  place  or  deposit   upon  any  street: 

Any  broken  wa  — .  Filth,  rubbish,  refuse  mat- 

ter, ice  water.  mu<l,  garbage,  ashes,  tin  cans  or  other  like 
substani 

\ny  wagons,  lumber,  wood,  boxes,  fences  or 
fencing,  building  materials,  dead  trees,  tree  stumps,  merchan- 
dise or  any   article   or   thing   which    shall   obstruct    such    street 

•iy   part  there'if.  or  the  free  use  and  enjoyment    then 
•  >r   the    free    passage   over   or   upon    the    same,   or   any    part 
thereof,    without    tlie    express    permission    of    the    board    of 
commissioners,  and   then  only   in   accordance    with    the   -tint 
term-  i >f  such  permission. 

Sec.  1208.  Hitching  posts.  Iron  rings  in  paved  districts. 
\ny  property  owner  may  set  hitching  posts  in  the  street 
in    front    of   hi-   property,   not    more   than    one    foot    from    the 


900 

water  ditch;  provided,  that  said  posts  do  not  exceed  four  feet 
in  heighl  and  are  set  in  a  good,  substantial  manner,  suitable 
for  securing  horses  and  other  animals;  provided,  further,  that 
where  streets  are  paved  and  curbed,  no  posts  shall  be  used, 
but  iron  rings  shall  be  sunk  in  the  sidewalk  or  curb  in  lieu 
thereof. 

Sec.  1209.  Teams  and  horses  to  be  hitched.  It  shall  be 
unlawful  for  any  person  to  leave  any  horse,  mule  or  team, 
standing  in  any  street  or  public  place,  without  rider  or 
driver  unless  such  horse,  mule  or  team  is  securely  fastened 
to  a  hitching  post,  hitching  ring  or  hitching  weight  of  not 
less    than    twenty    pounds. 

Sec.  1210.  Names  of  streets.  That  all  streets  of  Salt 
Lake  City  shall  be  known  by  the  names  by  which  they  are 
so  designated  on  the  official  map  of  Salt  Lake  City,  filed  in 

the  office  of  the  city  engineer  on  the day  of 

191 .  . .    and    such    additions,    changes    and 


corrections    of    the    names    of    streets    as    shall    from    time    to 
time  be  placed  on  said  official  map  by  ordinance. 

Sec.  1211.  System  of  numbering.  Initial  point.  It  shall 
lie  the  duty  of  the  city  engineer,  in  numbering  the  houses 
<<r  buildings  upon  the  streets  of  Salt  Lake  City  to  adhere 
in  all  respects  to  the  following  system  of  numeration,  allow- 
ing forty  numbers  to  each  side  of  all  blocks  of  six  hundred 
and  sixty  feet  in  length,  except  that  between  Ninth  and 
Tenth  South  streets  and  Tenth  and  Eleventh  South  streets. 
Eleventh  and  Twelfth  Smith  streets,  two  hundred  numbers 
shall  be  allowed  to  each  side  of  the  street.  Block  between 
Twelfth  and  Thirteenth  South  streets,  four  hundred  num- 
bers tn  each  side  and  to  begin  with  twenty-nine  hundred, 
allowing   115  feet   per  number. 

The  initial  point  shall  be  the  junction  of  Main  street 
and  Smith  Temple  Street,  and  the  numbering  shall  extend 
theme  east,  west,  north  and  south,  the  even  numbers  alwavs 


901 

"ii    tin-   right    and   odd   numbers   on   the   left,   looking   away 
from  tin-  initial   point. 

To  number  Main  streel  and  all  other  streets  parallel 
therewith,  and  lying  south  of  South  Temple  street,  com- 
mence at  the  southeast  corner  of  the  junction  of  said  streets 

rail)  with  South  Temple  street  and  number  one,  with 
nun  opposite,  and   number  southward  to  the  south- 

ern limii>  nf  the  city. 

1*. ■    number    Main    street    and    all    other   streets    parallel 
therewith  lying  north  of  Smith   Temple   street   and   west   of 
plat  "I,"  commence  at  the  northwest   corner  of  the  junction 
severally    with    South    Temple    street,    and 
number  one,   with   two  o]  .  and   number   northward   !<■ 

the   northern   termination   of    -aid   streets   respectively. 

number   Smith   Temple   streel    and   all   other   strei 

del  therewith  and  lying  Easl  of  Main  street  and  south  of 

:i  Temple  street,  commence  at  the  northeast  corner  of 
the  junct  ml  streets  with  Main  street,  and  number  one, 

with    number    two    opposite,    and    number    eastward    to    the 

ern  limits  of  the  city;  provided,  that  in  numbering 
the  north  side  of  Smith  Temple  street,  east  of  State  street. 
the  numbers  shall  he  so  placed  as  to  run  consecutively  with 
tin-  numbers  mi  the  smith  side  of  said  street,  and  as  nearly 
h  Other  as  the  difference  in  size  of  the  blocks 
will   admit. 

number  South  Temple  street   and  all  streets  running 

llel  therewith,  and  lying   west  of  Main   sti  immence 

at     the     southwest     corner    of     the    junction     of     -aid     streets 

with  Main  street,  and  number  one.  with  number 

.   and   number   westward    to   the'western    termi- 

All    numbers   of    houses    or  running   east    from 

Mam  shall  have  added  thereto  the  letter  I',  signifying 

:  all  number  of  1  running  west  from  Main 

shall    have    added    thereto    the    letter    W,    signifying 

■;  all  numbers  of  houses  on  street-  running  south   from 

i    Temple    street    and    west  -hall 


902 

have  added  thereto  the  letter  S,  signifying  south;  and  all 
numbers  of  houses  on  streets  west  of  A  street,  running  north 
from  South  Temple  street  shall  have  added  thereto  the  letter 
X,    signifying    north. 

Sec.  1212.  Numbering  in  plats  "D,"  "G"  and  "I."  In 
numbering  those  portions  i  >f  the  city  included  in  plats  "D," 
"G"  and  "1."  lying  north  of  South  Temple  street  and  east 
of  State  street,  there  shall  be  allowed  twenty  numbers  to 
each  side  of  all  blocks  of  three  hundred  and  thirty  feet. 

To  number  A  street  and  all  streets  running  parallel 
therewith,  commence  at  the  west  corner  of  the  junction  of 
said  streets  with  South  Temple  street,  and  number  one.  with 
number  two  opposite,  and  number  northward  to  the  northern 
termination  of  said  streets  respectively. 

To  number  First  avenue,  commence  at  the  northeast 
corner  of  the  junction  of  said  street  with  State  street  and 
number  101,  with  number  102  opposite,  and  number  east- 
ward to  the  eastern  terminus  of  said  street:  and  to  number 
all  streets  running  parallel  with  First  avenue,  begin  with 
the  same  number  as  the  number  assigned  to  the  correspond- 
ing point  on  First  avenue. 

Sec.    1213.     Commercial  and   other  streets.     Commercial 

street,  and  all  other  streets  running  through  any  block,  six 
hundred  and  sixty  feet  or  three  hundred  and  thirty  feet  in 
length,  hut  not  extending  to  the  initial  point,  shall  be  num- 
bered separately,  beginning  with  the  same  number  a-  the  num- 
ber assigned  to  the  corresponding  point  on  streets  running 
parallel  therewith,  and  following  in  the  same  order  and 
general   system   described  in   Sections   1211   and    1212. 

Sec.  1214.  Numbering  other  streets.  In  numbering  the 
houses  and  buildings  upon  all  other  streets,  the  city  engineer 
shall  follow  as  nearly  as  possible  the  system  prescribed  in 
the  foregoing  sections;  and  all  numbers  on  such  streets  shall 
conform    as    nearly    as    may    he    to   corresponding   points   on 


903 

parallel  or  nearly  parallel  streets,  the  numbering  upon 
which  is  in  accordance  with  the  provisions  of  Sections  1-11 
and   1212. 

Sec.  1215.  Numbering  system  must  be  followed.  It 
shall  Ik-  unlawful  for  any  person  to  number  any  house  or 
building  in  any  manner  other  than  that  prescribed  in  this 
chapter,  and  it  shall  be  unlaw  nil  for  anj  block  or  row  of 
houses  to  be  hereafter  designated  by  a  distinct  numbering 
of  the  houses  situated  therein,  and  it  shall  be  the  dtlt)  ol 
the  owners  of  all  such  blocks  or  rows  of  houses,  now  num- 
bered in  any  manner  other  than  that  prescribed  in  this 
chapter,  to  immediately  cause  said  numbering  t"  conform 
tii    the    provisions   of    this    chapter. 

Sec.  1216.  Paving  districts.  The  following  paving  dis- 
tricts are  hereby  created,  defined  and  established  in  Salt 
Lake  City,  viz  : 

Districl  X".  1.  All  that  portion  of  State  street  lying 
and  being  between  the  north  line  of  Fourth  South  street  and 
the  south  line  of  South  Temple  street. 

District  No.  _'.  All  that  portion  of  Main  streel  lying 
and  being  between  the  north  line  of  Fourth  South  street  ami 
nth  line  of  South    Temple  street. 

District  X".  3.  All  that  portion  of  West  Temple  street 
lying  and  being  between  the  north  line  of  1 A . 1 1 r t  South  streel 
and  the  south  line  of  South  Temple  street. 

District  No.  4.  All  that  portion  of  First  South  street 
lying  and  being  between  the  east  line  of  West  Temple  street 

and   the   west    line  i  >f  Stat' 

l>i-trict  Xo.  5.  All  that  portion  of  Second  South  street 
lying  and  being  between  the  east  line  of  West  Temple  street 
ami    tlir  ine   of   State    -treet. 

•nt    Xo.   6.     All    that    portion   of   Third   South    -treet 
lying  and  being  between  the  east  line  of  West  Temple  si 
and   the  line  of  State   -treet. 


904 

District  No.  7.  All  of  South  Temple  street  from  the 
west  line  of  State  street  to  the  east  line  of  West  Temple 
street,  and  all  of  the  First  South  street  from  the  east  line  of 
State  street  to  the  west  line  of  Second  East  street,  and  all 
of  Second  South  street  from  the  east  line  of  State  street  to 
the  west  line  of  Second  East  street,  and  all  of  Third  South 
street  from  the  east  line  of  State  street  to  the  west  line  of 
Second  East  street  ;  and  all  of  First  South  street  from  the 
west  line  of  Wesl  Temple  street  to  the  east  line  of  First 
West  street,  and  all  of  Second  South  street  from  the  west 
line  of  West  Temple  street  to  the  east  line  of  First  West 
street. 

District  No.  8.     All  of  Post  Office  place. 

District  No.  9.     All  of  Edison  street. 

District  No.  10.  All  that  portion  of  State  street  lying 
and  being  between  the  north  line  of  Fourth  South  street  and 
the  north  line  of  Eighth  South  street. 

District  Xo.  11.  All  that  portion  of  South  Temple  street 
lying  and  being  between  the  east  line  of  West  Temple  street 
and  the  east  line  of  Fourth  West  street. 

District  Xo.  \2.  All  that  portion  of  First  South  street 
from  the  east  line  of  First  West  street  to  the  east  line  of 
Fifth  West  street. 

District  Xo.  13.  All  that  portion  of  Second  South  street 
from  the  east  line  of  First  West  street  to  the  east  line  of 
Sixth  West  street. 

District  Xo.  14.  All  that  portion  of  State  street  from 
South  Temple  street  to  the  south  line  of  North  Temple 
street. 

District  Xo.  15.  All  that  certain  public  alley  running 
through  lots  3,  4,  5  and  6  in  block  70,  plat  "A,"  Salt  Lake 
Lake  City  Survey,  more  particularly  described  as  follows:  An 
alley  14.06  feet  wide,  or  7.03  feet  on  either  side  of  center 
line,  beginning  4.85  feet  west  of  the  southwest  corner  of  lot 
4.  block  70,  plat  "A."  Salt  Lake  City  Survey,  and  running 
thence    north    568.85    feet,   and    thence    10   feet    wide,   or   five 


90S 

feet  wide  on  either  side  of  the  center  line,  running  east  115.7 
to  the  west  line  of  Commercial 

District  No.  16.  All  that  portion  of  Second  South  street 
lying  between  the  west  line  of  Second  East  street  and  the 
Third  East  street. 

District   No.  1".     South  Temple  from    Mam  streel 

eastward  to  the  militarj    reservation. 

Paving  District  No.  18  shall  be  and  consist  of  all  that 
portion  of  South  Temph  lying  between  the  east   line 

State  street  ami  the  west  lim    ol    renth   i  asl   street. 

Paving  District  No.  19  shall  be  and  consist  of  all  that 
portion  "i  Second  South  street  lying  between  the  west  line  of 
Third  East  street  and  the  west  line  of  Tenth  East  street. 

Paving  Ditsirtct   No.  20  shall  be  and  consist  of  all  that 
anyon  road  lying  between  the  east  line  of  State 
nd  the  south  line  of  Second  avenue. 

Paving   District   No.  21   shall  be  and  consist  of  all  that 

ion  of  Fourth  South  street   lying  between  the  west 
of   West    rempl*  and   the   west   side   of  Second    i 

ind  all  that  portion  of  Main  street  lying  between 
the  south  side  of  Fourth  South  street  and  the  north  side  of 
Ninth  South  street. 

Paving  District  No.  _'_'  shall  be  and  consist  of  all  that 
portion  of  State  street  lying  between  the  south  side  of  North 
Temple  ind   the  smith   side   of  Second   North   strei 

Iirst   North  street  from  the  east  side  of  Main  street  to  State 
Street;    and    West    Canyon    street    from    Slate    street    to    the 

h   side  of  Second   North 

Paving  District  No.  23  shall  be  and  consist  of  all  that 
portion  of  Second  avenue  lying  between  the  west  side  of 
Canyon    road    and    the    west    side    of    Virginia  that 

portion  treet   lying  between  the  north   side  of  South 

nd  the  south  side  of  Second  avenue,  and  that 
portion  of   First   avenue   lying  between   the   west    si 

I   and  the   v  of  J  street. 


906 

Paving  District  No.  24  shall  he  and  consist  of  all  that 
portion  of  X  street  lying  between  the  north  side  of  South 
Temple  street  and  the  north  side  of  Fourth  avenue. 

Paving  District  No.  25  shall  be  an  consist  of  all  that 
portion  of  West  Temple  street  lying  between  the  south  side 
of  Fourth  South  street  and  the  north  side  of  Fifth  South 
street. 

Paving  District  No.  2<>  shall  be  and  consist  of  all  that 
portion  of  Sixth  East  street  lying  between  the  south  side  of 
South  Temple  and  the  north  side  of  Second  South  street,  and 
between  the  south  side  of  Second  South  street  and  the  north 
side   of  Third   South   street. 

Paving  District  Xo.  27  shall  be  and  consist  of  all  public 
streets  and  alleys  included  in  the  following  described  tract, 
to  wit : 

Bounded  on  the  west  by  the  west  line  of  Third  East 
street;  on  the  east  by  the  west  line  of  the  Fort  Douglas  U.  S. 
military  reservation  ;  on  the  north  by  the  north  line  of  South 
Temple  street;  and  on  the  south  by  the  south  line  of  Ninth 
South  street,  except  such  streets  as  are  already  provided 
for  by  other  districts. 

Paving  District  Xo.  28  shall  be  and  consist  of  all  public 
streets  and  alleys  included  in  the  following  described  tract, 
to  wit : 

Commencing  at  a  point  at  the  intersection  of  the  west 
line  of  Fifth  'West  street  and  the  north  line  of  Ninth  Xorth 
street:  running  thence  east  along  the  north  line  of  Ninth 
North  street  to  the  west  line  of  First  West  street :  thence 
south  along  the  west  line  of  First  West  street  to  the  north 
line  of  Fern  avenue ;  thence  east  to  the  east  line  of  First 
West  street ;  thence  south  along  the  east  line  of  First  West 
street  to  the  north  line  of  Second  North  street:  thence  east 
along  the  north  line  of  Second  Xorth  street  to  the  west  line 
of  West  Temple  street:  thence  south  to  the  north  line  of 
lot  1.  block  104.  plat  "A;"  thence  east  along  the  south  line 
of  West  Temple  street  to  the  west  line  of  West  Temple 
street :    thence    south    along   the   west   line   of   'West    Temple 


907 

street  to  the  north  line  of  First  North  street ;  thence  east  along 
the  north  lin<  ol  First  North  street  to  the  wesl  line  of  State 
street  .  thence  south  along  the  west  line  of  State  street  to  the 
;  South  Temple  street;  thence  east  along  the 
ii  ;  mth    remple  street   to  the  wesl   line  of    I'hinl 

eet;  thence  south  along  the  west   line  of  Third   I 
street   to  the  south  line  of  Ninth  South  street;  thence   wesl 
along  the  south  line  of  Ninth  South  street  to  the  west  line 
Fifth   VV(  et;   thence   north   along  the   west   line   of 

Fifth  West  street  to  the  north  line  of  Ninth  North  street, 
to  the  place  "i"  beginning,  except  such  streets  as  arc  already 
provided  for  in  other  districts. 

Paving  District  No.  29  shall  be  and  consist  of  all  public 
streets  and  alleys  included  in  the  following  described  tract, 
•  it  : 

West  of  the  west  line  of  Fifth  West  street;  cast  of  the 

■ik  of  the  Jordan   river;  north  on   the   south   line  of 

Ninth   South   street:  and   south   of   the   north   line   of   Ninth 

North    street,   except    such    streets   as    arc   already    provided 

in   other  districts. 

Paving  District  No.  30  shall  l>e  and  consist  of  all  public 
streets   and   alleys   included   in   the   following   described    tract. 

mencing  at  the  intersection  of  the  west  line  of  hirst 
We-  and  the  north  line  of  Ninth   North  street;  run- 

ning    thence     smith     along     the     west     line     of     First      V 
the  north  line  of  Fern  avenue;  thence  east   h 
First   West   street;  thence  -'•nt!]   along   the 
line  of  First   West   street   to  the  north  line  1   North 

lie   north    line   of   Second    North 
strc  line  of  Wesl  Temple  street;  thence  south 

along  the  west  line  of  West  Temple  street  t"  the  north 
line  of  \<<\  1.  block  104,  plat  "  \  :"  thence  cast  along  the  south 
line  of  West  Temple  street  t..  the  wesl  line  of  West  Temple 
•nth  along  the  west  line  of  West  Temple 
the  n^rth  line  .>|"  First  North  street;  thence  east 
alon  rth   line  of   I'irst    North   street    to  the   west    line 


state  south  along   the   west   line 

thence 
pie    str< 
hour  '  .  -  •   rvation ; 

thence  north  the  wes  5  U.  S 

the    northw  i  - 
Ejlas  I".  S  c  north  to  the  north 

line  section    2S  nship    1 

nter   line   of 

vvnship  1  north.  ran§  the 

:   thence   west   along  the  center 

nship    1    north,   range    1    \  the 

£ 

Sec    L217 

.'.1    public    street-  -    included    in    the    f 

to  wit : 

corner  of  Third  Fast  and 
Ninth  South  I  running-  south  to  the  south  si.'; 

Eleventh    South  the    w 

S,    thence 
Thirteenth    I      ■  .hence  north 

the   south  -  -  and   thence 

the  point 

.8.     Pa\  -  nsist 

of   all    tl  the   city  lying        -       :    the    west    line 

of    Maif.  not    included   in  a  paving 

ited  and  established. 

Sec.    1219.                     District  .    and   consist 

of   all   that   portion   of   the   city  lying   west   of  the   west    line 

of   Main                not   included   in  a   paving   district    heretofore 
created    and    established. 


Sec.   1220.     Freight  wagons  prohibited  on  a  certain  por- 
tion  of    Main    street.      It    shall    l>e   unlawful    for   any    person 

Irive  any  dray,  farm  or  delivery   wagon  or  other  frei 

vehicle   over    Main   street   between    Ninth   South    street   and 

the  northerly  side  of  Tenth  South  street;  provided,  thai  per- 

owning    or    residing    "ii    property    abutting    on    said 

portion    of    Main    street    may    drive,   or   cause    to    be    driven 

•   1    ]>..rti"ii    of    Main    street,   any    vehicle   in    going 
and   from  their  residence  or  premisi 

Sec.    1221.      Riding    bicycles    upon    sidewalks    prohibited. 

It    shall    l>c    unlawful    for    any    person    to    ri>U-    any    bicycle. 

tricycle,   velocipede,   motorcycle  or  other   riding   machim 

vehicle    upon    any    sidewalk    within    this    city,    except    that 

the    li"iirs    of    3    and    8    a.    m.    and    5    and    7    p.    m., 

between    November   lsl    and   May    1st    following,   -aid   riding 

except    motorcycles)    may    l>e    ridden    upon    any 

walk  where  the  street  is  n<>t  paved  or  macadamized. 

Sec.  1222.  Speed.  It  shall  be  unlawful  for  an}  pi 
t<>  ride  any  such  riding  machine  or  vehicle  upon  any  bi< 
path  or  ity   at   a  rate  oi  ter  than 

miles   per  hour,  -    any   sidewalk   at    a    rati 

r  than   five  mile-  per  hour.     All   persons   riding 
.  .r    wheeling    any    bicycle    "r    other    riding    machine    "ti    any 
path    <>v    street    <>r    sidewalk,    -hall,    when    meeting 
•her.  turn   to  the   right. 

Sec.    1223.      Bicycles    to    be    provided    with    gongs    and 
lights.      It    -hall   be  unlawful   for  any   person   t"   rid. 

pede,    motorcycle,    '>r    other    riding 

nine,  vehicle  "r  apparatus,  on  any  ••!'  the  sidewalks  of  the 

upon  the  biycle  path  in  Liberty  Park,  without  having 

in  connection   therewith  sufficient    sound  \><  warn 

..    and    using    the    same    in    warning 
pproach.      It   shall   al  unlawful   for   any   person 

le,    trie 

68 


910 

or  other  riding  machine,  vehicle  or  apparatus,  on  any  of  the 
public  sidewalks  of  the  city,  or  upon  the  bicycle  path  in 
Liberty  Park,  between  sunset  and  sunrise  without  a  lighted 
lamp  or  lantern  so  conspicuously  placed  thereon  as  to 
warn  persons  of  its  approach. 

Provided,  the  provisions  of  this  ordinance  shall  not  be  con- 
strued so  as  to  permit  the  use  of  motorcycles  or  other 
self-propelled   vehicles  upon  any  sidewalk  of  Salt   Lake  City. 

Sec.  1224.  Penalty,  any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof, 
be  punished  bv  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  bv  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days.  The  court  may.  in  imposing  a  fine,  enter 
as  a  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  may  be  imprisoned  in  the  city  jail  for 
a  period   not    exceeding   thirty   days. 


911 


CHAPTER   LVI. 

STREETS  AND  [RRIGATK  >N. 

Section  1225.  Office  of  supervisor  of  streets  and  irri- 
gation created.  There  is  hereby  created  and  established 
within  and  for  Sail  Lake  City,  Utah,  the  office  of  super- 
visor "i  streets  and  irrigation.  The  supervisor  oi  streets 
and  irrigation  and  all  officers,  deputies,  clerks  and  em- 
ployes shall  be  included  in  the  department  of  streets  and 
public  improvements,  under  the  general  direction  of  the 
commissioner   of   streets   and    public    improvements 

Sec.  1226.  Appointment.  Salary.  Oath.  Bond.  The 
1  of  commissioners  may  appoint  a  competent  person 
the  office  of  supervisor  of  streets  and  irrigation,  who  shall 
receive  a  salary  of  $2,400  per  annum,  payable  monthl)  as  are 
the  salaries  of  other  city  officers.  The  supervisor  of  stre< 
and  irrigation  shall,  before  he  enters  upon  the  duties  oi  his 
iki-  and  subscribe  the  constitutional  <>aih  of  office 
and  execute  a  bond  with  good  and  sufficient  sureties  t..  be 
approved  l>\  the  board  of  commissioners,  payable  \>>  the  city 
in  the  penal  sum  of  $6,000,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office  and  the  payment  of 
all  moneys  received  by  him  a-  such  officer,  according  to 
law  and  the  ordinances  of  the  said  city 

Sec.  1227.  Chief  clerk.  Salary.  Oath.  Bond,  etc.  There 
is   hi  Ffice  of  chief  clerk    in    the   department 

ts   and  public   improvements, 
board   of  commissioners   •  ■<    Sail    Lake   City,   Utah, 
may  appoint  a  competent   person  t"  the  ..ffice  of  chief  clerk- 
in   'he  department  of  streets  and  public  improvements,  who 
shall  receive  a  salary  of  $1,500  per  annum,  payable  monthly 
■he    salaries  ity    officers,    and    who    -hall 


912 

perform  such  duties  as  may  be  prescribed  by  the  board  oi 
commissioners  and  t he  commissioner  of  streets  and  public 
impn  ivements. 

The  chief  clerk  in  the  department  of  streets  and  public 
improvements  shall,  before  entering  upon  the  duties  of  his 
office,  subscribe  the  constitutional  oath  of  office  and  give 
bond  to  Salt  Lake  City  in  the  sum  of  $1,000,  conditioned 
as  provided  by  law.    . 

Sec.  1228.  Duties.  The  supervisor  of  streets  and  irriga- 
tion shall  enforce  all  ordinances  of  the  city  and  all  orders  of 
the  board  of  commissioners  relating  to  streets  and  sidewalks, 
then-  use  and  occupation,  irrigation  within  the  limits  of 
the  city,  apportionment  of  irrigation  water,  ditcher,  bridges, 
flumes  and  aqueducts.  He  shall  have  charge  of  all  public 
streets,  avenues  and  alleys  and  the  care  and  maintenance 
of  the  same,  lie  shall  enforce  all  ordinances  relating  to 
poll  tax  and  the  collection  of  the  same.  He  shall  have 
charge  of  all  tools,  appliances,  implements  and  equipments 
belonging  to  the  city  and  used  in  the  various  departments 
of  which  he  is  head.  lie  shall  make  full  and  complete 
reports  in  writing,  monthly  or  as  often  as  required  by  the 
commissioner  of  streets  and  public  improvements  or  the 
hoard  of  commissioners,  of  all  work  done  and  moneys 
collected    and    expended    in    the    department    of    which    he    is 

head. 

The  board  of  commissioners  may  appoint  the  following 
assistants,  clerks  and  employes  in  the  department  of  streets 
and    irrigation. 

\  poll  tax  collector,  and  such  clerks  and  stenographers 

as  may  be  deemed  advisable  for  the  proper  conduct  of  the 
said  department,  at  such  salaries  as  the  board  shall  deter- 
mine. 

Sec.  1229.  Supervisor  of  streets  and  irrigation  to  locate 
ditches,  etc.  It  shall  he  the  duty  of  the  supervisor  of  streets 
and  irrigation  to  see  to  the  proper  location,  construction  and 


913 

repair  of  all  public  gates,  dams,  flumes,  ditches  and  reservoirs 
necessarj  for  the  proper  controlling  and  distribution  of  such 
water  within  the  corporate  limits.  He  shall  also  keep  a 
record  of  the  location  of  all  principal  gates,  dam--,  flumes, 
ditches,  canals  and  irs,   which    record   shall    show   the 

nature  of  their  construction,  the  length  and  capacity  of   the 
principal  canals  and  ditches;  also  the  extent  and  nature  of  the 
ownership  of  other  corporations  or  of  individuals,  or  associa- 
tions   owning    rights    in    any    such    ditches    "t"    canals.      Said 
irds   shall    also   shew    the   location   of  all    weirs   or   othei 
means   employed   to   divide   the    waters   of   any    ditch,   canal. 
ther  conduit   for  irrigation   water,  as   well  as  the 
proportion  of  water  to  be  divided  or  drawn   from  said   weirs 
or  "ther  devices,  and  to  whom  and  at  during  what   particular 
times    and    seasons    water    is    to    be    drawn,    together    with 
such   "ther   information    as    may    be    necessary    to    enable   a 
proper  understanding  of  the  city's  rights   from   an  examina- 
-  ud  records. 

Sec.  1230.  Head-gates  and  branch  ditches.  It  shall  be 
unlawful  for  any  person  to  convey  water,  from  a  public 
ditch,  to  his  l"t  or  premises,  1>_\  an  irrigation  ditch,  without 
having  constructed,  under  the  direction  of  the  sup.  i 
ind  irrigation,  a  substantial  gate,  both  in  the 
public  ditch  and  at  the  head  of  his  branch  ditch;  the  latter 
he  shall  keep  closed  ami  water-tight,  except  during  the  periotl 
allotted  t"  him  t'"r  the  use  of  such  water;  and  where  such 
branch  ditch  -   any    portion  of  a   sidewalk,  such   ditch 

shall  if  lumber  or  "ther  substantial    material,   the 

covering  of  which  shall  be  "ii  a  level  with  such  sidewalk. 

Sec.     1231.       Guard    against    damage.       Where     persons 
are  water    across    lands    lying    betwi 

their  premises  and  the  public  water  ditches,  the  conveyance 
shall  be  done  with  the  least  possible  injury  t..  property, 
both  in  constructing  the  necessary  ditches  and  in  managing 
the    water    flowing   therein,   and   such  shall    be   liable 


014 

for  all  damages  caused  by  negligence  in  the  construction  of 
said  ditches  or  in  the  management  of  water  flowing  therein. 

Sec.  1232.  Right  of  way  along  ditches.  Where  public 
water  ditches  pass  through  private  grounds,  the  right  ol 
way  for  which  has  been  acquired,  the  supervisor  of  streets 
and  irrigation  and  his  assistants  are  authorized  to  pass  along 
said  ditches  as  occasion  may  require,  during  the  continuance 
uf  such  right. 

Sec.  1233.  Surplus  water.  It  shall  be  the  duty  of  all 
persons  using  water  for  irrigation  or  other  purposes  to 
conduct  the  surplus  or  waste  water  into  a  public  water 
ditch,  and  it  shall  be  unlawful  for  any  person  to  permit 
such  water  to  flood  the  streets,  sidewalks,  or  private  prop- 
erty  to  the  damage  thereof,  or  to  run   to  unnecessary   waste. 

Sec.     1234.       Wrongful    diversion     of    water     prohibited. 

It  shall  be  unlawful  for  any  person  to  turn  the  water  from 
any  public  water  ditch  or  reservoir,  or  from  any  private  ir- 
rigating ditch  during  said  irrigating  period,  except  when 
the  use  of  such  water  has  been  duly  allotted  to  him,  or  to 
wilfully  or  maliciously  break  any  dam,  gate,  sluice  or 
ditch  used  for  diverting  or  controlling  such  water,  or  to 
m  anv  manner  change  the  current  or  flow  of  water  used 
for   irrigating  purposes,   in    any   of   said   ditches. 

Sec.  1235.  Appeal  from  apportionment.  Any  person 
aggrieved  at  the  proportion  of  water  allotted  to  him  by  the 
supervisor  of  streets  and  irrigation,  or  at  any  other  act 
claimed  to  have  been  done  under  the  provisions  of  this 
chapter,  may,  on  written  complaint,  be  heard  by  the  board 
of  commissioners,  who  shall  grant  such  relief  as  ma\  be 
proper;  but  all  such  complaints  must  be  presented  to  the 
board  of  commissioners  within  twenty  days  from  the  origin 
of  the  act  complained  of. 


915 

Sec.  1236.  Public  water  ditches  defined.  Public  water 
ditches  are  defined  to  be:  First,  the  natural  and  artificial 
channels  through  which  water  flows  into  Sail  Lake  City; 
second,  those  constructed  along  the  streets;  and,  third,  th 
through  lots  and  blocks,  foi  public  use,  and  over  which 
the  city  exercises  control  and  jurisdiction. 

Sec.  1237.  Where  public  ditches  may  be  crossed.  It 
shall  be  unlawful  for  any  person  to  drive  anj  wagon  or 
other  vehicle  across  an)  public  water  ditch  or  canal  within 
the    corporate    limits    of    Salt    Lake    City,    other    than    at    a 

ilar  crossing,  '>r  to  place  any  pole,  board  or  any  other 
obstruction  whatever,  in  an)  such  public  ditch  or  canal,  for 
any  purpose,  or  to  in  an)  manner  interfere  with  the  free 
unobstructed  flow  of  water  in  Mich  ditch  or  canal. 

Sec.  1238.  Bridges  and  flumes  to  be  constructed  across 
ditches  or  canals.  It  shall  l>c  the  duty  of  any  person,  desir 
ing  to  drive  across  any  public  water  ditch  or  canal,  at  an) 
place  other  than  at  a  public  crossing,  before  so  doing, 
t"  place  over  said  ditch  or  canal  a  good  and  substantial 
bridge,   or    t"    place    in    -aid    ditch    or    canal    a    good    and    sub- 

tial    covered    flume,    sufficiently    high    and    of    sufficient 

a-    nol    t"    interfere    with    or    prevent    the    free 

and     unobstructed     flow     "I     water     in     said     ditch     "i-     canal. 

-aid   bridge  "r   flume   to  be  constructed   under  the   direction 

' >f  the  supet  reets  and  irrigation. 

Sec.  1239.  Penalty.  \n\  person  violating  am  of  the 
provisions  of  tin-  ordinance  -hall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sum  ma  exceeding  fifty  dollars 

by  imprisonmenl  in  the  city  jail  for  a  period  nol  longer 
than   thirty   day-        The   court   may,  in   imposing  a   fine,  enter 

i  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  may  be  imprisoned  in  the  city  iail 
for  a  period  nol  ling  thirty  days. 


916 


CHAPTER   LVII. 
STREETS.      TRAFFIC    AND    TRAVEL    ON. 

Section  1240.  Construction  and  definition  of  words  and 
phrases  used  in  this  ordinance.  The  words  and  phrases  used 
in  this  ordinance  shall,  for  the  purposes  of  this  ordinance, 
unless  the  same  l>c  contrary  to  or  inconsistent  with  the 
context,  be  construed  as  follows,  and  any  such  words  used 
in   the   singular   number   shall   be   held   to   include  the   plural: 

"STREET" — Shall  include  any  highway,  public  street. 
avenue,  alley,  park,  parkway,  driveway,  bridge,  viaduct  or 
public   place   in    Salt    Lake  City. 

"CURB" — The  lateral  boundaries  of  that  portion  of  the 
street  designated  by  curb  constructed  of  stone,  cement,  con- 
crete, or  other  material   or  thing  so  marked. 

"V  KII ICLE" — Equestrians,  led  horses  and  everything 
on  wheel-  or  runner-  except  street  cars,  hah)-  carriages  and 
invalid  wheel  chairs. 

"HORSES" — All  animals  used  for  the  purpose  of  rid- 
ing and    drawing   vehicles. 

"DRIVER" — The  rider  of  wheels  and  the  operator  of 
motors,  wheels,  automobiles,  and  the  rider  of  a  horse  and 
the   driver   of   -vehicles    drawn    by    a    horse   or   horses. 

"CLOSELY  BUILT  UP"— (1)  The  territory  in  Salt 
Lake  City  contiguous  to  a  street  which  is  at  that  point  built 
up   with  structures  devoted   to  business. 

(2)  The  territor)  in  Salt  Lake  City  contiguous  to  a 
street  not  devoted  to  business  where  for  not  less  than  a 
quarter  ol  a  mile  the  dwelling  houses  on  such  highwav 
average  less  than   300  feet   apart. 

Sec.  1241.  Keep  to  right  when  passing.  Every  driver 
of  a  vehicle  meeting  another  vehicle  shall  pass  on  the 
right. 


917 

1242.     Overtaking  another  vehicle  pass  to  the  left. 

ry    driver  of  a   vehicle  overtaking   another   vehicle   shall 

l>a--    "ii    the    left    side    of    the    overtaken    vehicle,    and    not 

l>ull   over  i"  the  right   until   entirely   clear  of   the  overtaken 

vehicle. 

Sec.    1243.      Heavily    loaded    keep    close    to    right    curb. 
Drivers    of    slow    moving    and    heavily    laden    vehicles    - 
to  the  right  curb,  on  all  paved  streets. 

Sec.   1244.     Keep  to  right  on  street  divided  by  parkway 
and    viaducts.     <  mi   all   avenues   or   streets   divided   by    park- 
wax-,   walk,  sunkenway  or  viaduct,  drivers  of  vehicles  shall 
le  right  of  such  division. 

Sec.  1245.  Keep  to  right  hand  curb  turning  into  another 
street  to  the  right.  Every  driver  of  a  vehicle  turning  into 
anol  the  right  shall  turn  the  corner  as  near  the 

hand  curb  as  possible. 

Sec.    1246.      Turning    to   the    left    shall   turn    around    the 
intersection.     Ever)    driver  of  a  vehicle  turning  into  another 
;    shall   turn  around   the   intersection   of   the 
two 

Sec.    1247.      Shall   make   a   complete   turn   and   not   cross 

streets.      Dri  vehicles    that    are    proceeding    correctly 

along   the   right    side  of   the   street    and   desire   t>>  discharge 

terchandise  or  passengers  on  the  left  side  of  the 

■    shall  cross  over,  making   a  complete   turn. 

Sec.  1248.  Not  stop  with  left  side  to  curb.  No  vehicle 
shall  stop  with  the  left  -i<le  t.>  the  curb. 

Sec.  1249.  Not  stop  in  street,  except  near  the  right 
hand  curb.     No  driver  of  a  vehicle,  utiles-  in  an  en 

another  vehicle  or  ]  its  path. 


918 

shall  stop  the  same  in  any  public  -tree;  or  highway  except 
mar  the  right  hand  curb  thereof,  and  so  as  not  to  obstruct 
a   crossing. 

Sec.  1250.  Not  to  proceed  in  procession.  The  drivers 
of  vehicles  owned  or  controlled  by  any  firm,  person  or  cor- 
poration  shall  not  proceed  in  procession,  and  a  distance  of 
at  least  twenty-five  (25)  feet  must  be  between  every  such 
vehicle.  'This  ordinance  shall  nol  apply  to  funeral  pro- 
cessions   going    to    cemeteries. 

Sec.  1251.  Drivers  signal  vehicles  in  rear  when  stop- 
ping. The  driver  or  person  jn  control  of  the  vehicle,  in 
slowing  or  stopping,  shall  signal  those  in  the  rear  by  raising 
a   whip   or   hand    vertically. 

Sec.  1252.  Drivers  to  give  signal  before  making  a  turn. 
No  vehicle  shall  be  turned  while  in  motion,  or  in  starting 
to  turn  from  a  standstill,  unless  a  signal  shall  previously 
be  given   by   raising  the    whip  or  hand,   indicating  by   it   the 

direction   in   which   the  turn  is  to  be  made. 

Sec.  1253.  Drivers  to  give  signal  before  backing  a 
vehicle.  No  per>on  in  control  of  a  vehicle  shall  back  same 
without  ample  warning  having  been  given,  and  while  backing 
unceasing  vigilance  must  be  exercised  not  to  injure  those 
in  the  rear. 

Sec.    1254.      Pull   to   right    when  vehicle    behind  desires 

to  pass.      Every   person   in   charge  of  a   vehicle   shall  pull   to 

the    right    side   of   the    street    or    road  when    signaled  from    a 
vehicle  behind  desiring  to  pass. 

Sec.  1255.  Signal  on  all  vehicles.  It  shall  be  unlawful 
for  any  person  to  ride,  drive  or  propel  any  bicycle,  tricycle, 
velocipede,  motorcycle,  automobile,  or  any  other  riding 
machine   or   horseless   vehicle   upon   the   street--   of    Salt    Lake 


without    having    attached    thereto    a    l>ell    or    horn    in 

I   working  order  and  of  proper   size  and   character  suffi- 
cient   i"  u;i\i'    warning   of   the   approach   of   such    vehicles 
pedestrians  and   t"   riders  or  drivers  of  other   vehicles,  and 
to   persons   entering   or   leaving    street    cars,   and    such   bells 
•  t   horns   shall   not    be   sounded    except    when    neces; 

warning;   and   the   driver  of   such   vehicle   shall,   before 

ssing  any    street   within  the  business  district  of  Salt    Lake 
City    and   before   passing   any    street    car   in   said   district 

where  and  upon  approaching  any  pedestrian  or  vehicle, 
sound  said  1  > *.- 1 1  or  horn;  provided,  thai   the  provisions  oi  this 

ion  shall  not  apply    t"  ambulances  or  vehicles  belonging 

the   iirc  and   police  departments  of   Salt    Lake  City.     All 
bicycles,    tricycles,    velocipedes    and    electric    vehicles    shall 

a  bell,  all  motorcycles  shall  use  a  tenor  horn,  and  all 
automobiles,  except  electric  vehicles,  shall  use  a  horn,  and  a 

g  and  whistle  shall  be  used  by  the  police  and  fire  depi 
ment  and  ambulanci 

Sec.    1256.      Brakes    on    vehicles.      It    shall    be    unlawful 

any     person    to    ride,    drive    or    propel    any    automobile, 

cle,  bicycle,  tricycle  or  other  similar   vehicle,   unless 

the  same  shall  be  equipped   with   a  brake  or   set   of  brakes, 

which  shall  be  of  sufficient  power  when  applied  to  bring 
such   vehicle  when   running  at   a   speed  of  twelve  miles 

an   hour,  to  a   full   stop   within   ten    feet    from    the   point    such 

vehicle    was    when    such    brake    was    applied. 

Sec.  1257.  Machinery  not  to  run  while  machine  is 
standing.  It  shall  be  unlawful  to  permit  any  automobile. 
motorcyi  ither  similar  vehicle,  to  stand   in   any   street 

of  the  city  with   any    part   of  its   machinery   running,   exi 

when     occupied     by     a     competent     operator,     and     then     only 
for   a   period   not    to   exceed   ten    minutes. 

Sec.  1258.  Motors  not  to  emit  smoke  or  steam.  No 
person    operating    a    self-propelled    vehicle    shall    permit    the 


920 

motors  of  the  same  to  operate  in  such  a  manner  as  to  visibly 
emit  an  unduly  great  amount  of  -team,  smoke  or  products 
of  combustion   from  exhaust   pipes  or  openings. 

Sec.  1259.  Vehicles  operated  in  a  noiseless  manner. 
No  automobile  or  other  self-propelled  vehicle  shall  be  oper- 
ated with  the  muffler  open,  and  all  such  vehicles  shall  be  SO 
equipped  as  to  make  the  operation  of  them  as  in  useless  as 
possible. 

Sec.  1260.  Vehicles  must  carry  danger  lights.  All 
automobiles  operating  or  standing  upon  the  streets  of  Salt 
Lake  City  between  one  hour  after  -unset  and  one  hour  before 
sunrise,  -hall  he  provided  with  at  least  two  lighted  lamps 
showing  white  lights  visible  for  a  reasonable  distance  in 
the  direction  towards  which  such  vehicle  is  going,  and  one 
red  light  attached  to  the  rear  of  such  vehicle,  on  left  side, 
visible  for  a  reasonable  distance  in  the  rear  thereof.  Said 
lamp  shall  have  a  glass  on  the  side  thereof  to  show  a  white 
light  and  he  so  arranged  that  said  wdiite  light  shall  make 
the  number  of  said  vehicle  visihle,  and  all  other  self-propelled 
vehicles  operating  or  standing  upon  the  streets  of  Salt  Lake 
City  between  the  hours  aforesaid  shall  be  provided  with 
at  least  one  lighted  tamp  showing  white  light,  visible  lor  a 
reasonable  distance  in  the  direction  towards  which  such 
vehicle  i-  going,  and  one  red  light  attached  to  the  rear  of 
such  vehicle,  visible  for  a  reasonable  distance  in  the  rear 
thereof,  and  it  shall  he  unlawful  for  the  owner,  driver  or 
operator  of  said  vehicle  to  fail  to  comply  with  the  pro- 
visions  of   this   section. 

Sec.    1261.     Vehicles  that   have   right  of  way.      Vehicles 

of  the- police  department,  fire  department,  fire  patrol,  traffic 
emergency  repair.  United  States  mail,  and  ambulances  shall 
have  the  right  of  way  at  all  times  in  any  street  or  through 
any    procession. 


921 

Sec.   1262.     Vehicles  going  north  or  south  to  have  right 
of  way.     All    vehicles    traveling   north   and    south    have   the 
right  of  way. over  vehicles  of  the  same  class  traveling 
and  west. 

Sec.  1263.  Two  or  more  vehicles  side  by  side.  It  shall 
lu-  unlawful  for  two  or  more  vehicles  to  travel  side  bj 
side  "ii  any  of  the  streets  of  the  city. 

Sec.    1264.  Streets    not    to    be    obstructed    by    vehicles. 

No   vehicle  >>r  street   car   shall   occupy   anj    street    so   as   to 

interfere    with  or    interrupt    the    passage    ol    other    cars    or 
\  ehicles. 

Sec.   1265.     Vehicles  taking  on  or  letting  off  passengers. 
\n\    vehicle  waiting  at   the  curb   shall   promptly   give   place 
i  vehicle  about  i"  lake  "ti  or  let  off  passengers. 

Sec.  1266.  Pull  to  right  upon  approach  of  fire  apparatus. 
The  driver  >>r  person  in  control  of  a  vehicle,  on  the  approach 
ngine  or  other  apparatus,  ^hall  immediately  draw 
up  said  vehicles  as  near  as  practicable  to  the  right  h 
curb  and  parallel  thereto  and  bring  it  to-  a  standstill,  and 
upon  the  approach  of  any  police  patrol  or  ambulance  shall 
turn  to  the  right  t"  give  right  of  way. 

Sec.  1267.  Keep  ten  feet  from  street  cars.  Every  per- 
riding,  driving,  propelling  or  in  charge  of  any  vehicle 
upon  any  street  shall  keep  said  vehicle  at  least  ten  feet 
from  the  running  board  or  lowesl  step  of  am  streel  car 
which  lia^  stopped  for  the  purpose  of  taking  "ti  or  disch; 
ing   passei  and   if   by    reason   of   the   presence   of   such 

vehicle  at   the  place  where  such  ear  has  stopped,  or  bj 
~"ti  of  the  narrowness  of  thi  or  for  any  other  reason 

not  possible  to  preserve  such  distance  of  ten   feet   from 
such   running   board   or   lowest    -  herein   prescrib 

then    such    person    shall    stop    such    vehicle    until    such    car 


922 

shall   have  taken   on  or  discharged   its  passengers   and   again 
started. 

Sec.  1268.  Speed  regulations.  (li  No  person  shall 
operate  a  self-propelled  vehicle  on  a  street  of  Salt  Lake 
City  at  a  rale  of  speed  greater  than  is  reasonable  and 
proper,  having  regard  to  the  width,  character,  or  traffic  and 
use  of  the  street,  or  so  as  to  endanger  life  or  limb  on 
any    street. 

\2)  Upon  approaching  a  bridge,  viaduct,  sharp  curve, 
dugway  or  deep  descent:  also  in  traversing  such  bridge, 
viaduct,  curve,  dugway  or  descent,  the  person  operating 
such  vehicle  shall  have  it  under  control  and  operate  it 
at  a  rate  of  speed  not  exceeding  one  mile  in  six  minutes 
and  upon  approaching  a  crossing  of  intersecting  streets 
at   a   rate   of   speed    nut    greater  than    ten   miles   per   hour. 

(3)  Upon  approaching  any  person  walking  in  a  road- 
way or  traveled  portion  of  any  street  of  Salt  Lake  City, 
or  a  horse  or  any  either  draft  animal  being  led.  ridden  or 
driven  therein,  or  a  crossing  of  intersecting  streets  or  a 
bridge,  viaduct  or  sharp  turn  or  curve,  dugway  or  deep 
descent,  and  also  in  passing  such  person,  horse  or  other 
draft  animal,  and  in  traversing  such  crossings,  bridge,  via- 
duct, curve,  dugway  or  descent,  the  person  operating  such 
self-propelled  vehicle  shall  have  the  same  under  control  and 
shall  reduce  its  speed.  If  such  horse  or  other  draft  animal 
being  so  led,  ridden  or  driven  shall  appear  to  be  frightened, 
or  if  the  person  in  charge  thereof  shall  request  or  signal 
so  to  do  by  putting  up  his  hand,  the  person  operating 
said  vehicle  shall  immediately  stop,  and  if  traveling  in  the 
opposite  direction,  shall  remain  stationary  so  long  as  may 
be  reasonable  to  allow  such  horse  or  animal  to  pass:  or 
if  traveling  in  the  same  direction,  shall  use  reasonable 
caution  in  thereafter  passing  such  horse  or  animal  so  as 
to  prevent  accident  and  insure  the  safety  of  others,  and  to 
prevent    frightening   the   same,   and    shall    not    use   the   exhaust 


923 

cut    "lit    of   such    vehicle    when    so    approaching   or    passing 
such  horse  or  other  draft  animal. 

Sec.  1269.  Covered  vehicles.  No  person  shall  drive 
a  vehicle  that  is  so  covered  in  as  to  prevent  the  driver 
thereof  from  having  a  sufficient  view  of  the  traffic  following 
and  at  the  sides  of  such  vehicle,  unless  there  is  attached  to 
such  vehicle  a  mirror  of  such  kind  and  so  placed  thai  the 
driver  of  said  vehicle  may  see  thereon  the  reflection  ol 
the  street  for  a  distance  of  at  least  200  feet  behind  said 
vehicle. 

Sec.  1270.  Not  to  cause  blockades.  No  one  shall  drive 
conduct  or  load  such  vehicle  in  such  manner  as  to  be  likely 
to  cause  a  blockade,  accident,  breakdown  or  injurs  to  man 
or   beast   or   property. 

Sec.  1271.  Not  to  be  loaded  so  as  to  make  noise.  No 
person  shall  so  load  a  vehicle  with  iron  or  other  material 
that  may  strike  together  and  produce  a  great  noise,  without 
properly    "deadening"    it    s.  i    it    shall    cause    no    unnecessary 

m  ■!  - 

Sec.  1272.  Not  to  be  driven  by  chauffeur  under  eighteen 
years  of  age  or  by  other  persons  under  sixteen  years  of  age. 
No  ■  eighteen  years  of  age  shall  engage  himself 

fur   hire,   or   l>e   employed   by    any    person,   firm,   corporation 
or   association,   as   driver  or  chauffeur  of   any    self-propelled 
vehicle:   and    no   other   person,   under   sixteen    years   of 
shall   drive   am    felf-propelled   vehicle,   except    a   motorcycle, 
on    the  of    Salt    Lake    City;    provided,   however,    that 

any  boy,  under  the  age  of  sixteen  years,  who  shall  satisfy 
the  chief  of  police  of  hi-  competencj  and  secure  from  such 
officer  a  written  permit  t"  drive  a  motor  car  may  drive 
ile  Owned  by  his  parents  when  accompanied  l>y 
an    adult    member   of   the    family. 


924 

Sec.  1273.  Not  to  ride  without  permission.  No  one  shall 
ride  or  jump  upon  the  rear  of  any  vehicle  without  permission 
and  when  s<>  riding  no  part  of  the  body  of  such  person  shall 
protrude  beyond  the  limits  of  the  vehicle. 

Sec.  1274.  Backed  up  to  the  curb,  turned  to  the  right 
Horses  attached  to  vehicles  backed  up  to  the  curb  shall  be 
turned   to    the    right. 

Sec.  1275.  Unlawful  to  unnecessarily  obstruct  passage 
of  other  vehicles.  It  shall  be  unlawful  for  any  pedestrian 
or  vehicle  to  wilfully  or  unnecessarily  obstruct  the  passage 
of  any   other   vehicle   or   pedestrian. 

Sec.  1276.  Drivers'  obedience  to  commands  of  officers. 
Drivers  must  at  all  times  comply  with  any  directum-  given 
by  voice  or  hand  of  any  officer  of  the  police  Force  as  to 
stopping,  starting,  approaching  or  departing  from  any  place, 
and  also  as  to  the  manner  of  taking  up  or  letting  ofl 
passengers   and   the   leading  and   unloading  of   vehicles 

Sec.  1277.  Unlawful  to  throw  or  deposit  nails,  tacks, 
etc.,  in  any  street.  No  person  shall  throw,  deposil  i  i  place 
upon  any  street  within  Salt  Lake  City  any  nails,  tacks. 
crockery,  scrap  iron,  tin,  wire,  bottles,  glass,  thorns  or 
thorn}-  clippings,  or  tlmrnv  or  other  branches  of  tree-  or 
bushes,  i ir  boxes,  boards,  lumber  or  stone,  or  an\  other 
article  or  tiling  liable  to  cause  the  tire  of  any  vehicle  to 
beii 'me  punctured,  or  a  vehicle  to  be  otherwise  injured  or 
damaged. 

Sec.  1278.  Accidents.  In  case  of  an  accident  to  a  person 
or  propert)  on  the  streets  of  Salt  Lake  City,  due  to  the 
operation  thereon  of  a  vehicle,  the  person  operating  such 
vehicle  shall  stop,  and  upon  request  of  the  person  injured 
or  any  person  present,  give  such  person  his  name  and 
address,  and  if  not  the  owner  of  such  vehicle,  the  name 
and   address   of   such   owner. 


"-'5 

Sec.  1279.  License.  No  person  shall  ride  anj  motor- 
cycle, or  motor  bicycle  on  anj  street  or  public  place  within 
this  city  unless  ;i  license  has  been  procured  for  the  use 
thereof  as  hereinafter  provided.  Each  of  said  vehicles  shall 
be  separately  licensed  and  such  license  shall  be  issued  by 
the  license  assessor,  signed  by  the  mayor  and  attested  by 
the  city  recorder,  under  the  seal  of  the  city,  after  the 
payment  by  the  applicant  for  such  license  to  the  city 
treasurer  of  the  stun  of  $3  for  each  license  per  year.  Such 
license  shall  be  effective  until  the  31st  daj  of  December 
next  following  its  issuance  and,  shall  contain  the  name  of 
the  owner,  the  make,  the  style  and  number  <>i  such  vehicle, 
and    may    be    transferred    with    the    machine    tor    which    it    is 

d,  hut  nut  otherwise.  There  shall  be  issued  with 
such  license  a  tag  to  be  paid  for  by  the  licensee,  -tamped 
with  the  number  of  the  license,  which  tag  must  he  attached 

aid  vehicle  in  a  conspicuous  place,  where  it  can  be 
seen    at    all    time-. 

Sec.  1280.  Use  of  sidewalks  by  motorcycles,  etc.  No 
person  shall  operate  a  motorcycle,  or  motor  bicycle  upon 
any   sidewalk  of  Salt    Lake   City. 

Sec.    1281.      Mufflers   on  motorcyles.      No    motorcycli 
motor  bicycle  shall  be  operated  on  the  streets  of  Salt    Lake 
without   a  muffler  being  attached   thereto. 

Sec.  1282.  Number.  Every  motor  carriage,  whether 
propelled  by  gasoline,  electricity  or  -team,  -hall  at  all  times 
while  being  u-cd  or  operated  upon  the  streets  of  Salt  Lake 
i  number  assigned  to  it  by  the  secretary  of  state 
of  the  State  of  Ltah.  displayed  on  the  hack  or  rear  thereof 
in   a  conspicuous   place  and   manner,   secureh  d    so   a- 

not  to  -win-  and  so  that  the  -ame  cannot  1"-  raised  to 
-how  the  hack  of  -uch  number,  and  so  a-  to  be  plainly 
visible,  the  numbers   t..  he    \ra!>ie   numeral-  and   upon   a   plate 

i.irker.    the    -aid    number    to    he    followed    by    the    initial 

60 


926 

letter  of  this  state  on  the  plate  or  marker,  the  figures 
thereon  to  be  four  inches  high  and  each  stroke  thereof  to 
be  one-half,  and  the  said  letter  thereon  to  be  not  less  than 
one  inch  in  width  and  at  all  times  unobscured.  The  said 
number  shall  also  be  conspicuouslj  displayed  upon  the  front 
of   said    vehicle. 

Sec.  1283.  Mechanic  or  employe.  Or  for  hire.  Badge. 
No  person  shall  use  or  operate  any  motor  carriage,  whether 
propelled  by  gasoline,  electricity  or  steam,  upon  the  streets 
of  Salt  Lake  City,  as  mechanic,  employe  or  for  hire,  without 
having  obtained  from  the  secretary  of  state  of  the  State  of 
Utah  a  badge,  as  provided  in  subdivisions  1,  2,  and  3  of 
Section  5  of  Chapter  113  of  the  laws  of  Utah.  1909,  which 
badge  shall  be  worn  by  such  person,  pinned  to  his  clothing 
in  a  conspicuous  place,  at  all  times  while  he  is  operating 
such  carriage,  and  no  such  person  shall  voluntarily  permit 
any  other  person  to  wear  .said  badge,  nor  shall  any  person 
while  operating  said  carriage  wear  any  badge  belonging 
to  another  person,  or  a  fictitious  badge. 

Sec.  1284.  Employers  of  drivers  to  keep  record.  Every 
person,  firm,  or  corporation,  engaged  in  the  business  of 
renting  or  hiring  out  self-propelled  vehicles,  and  employing 
drivers  or  chauffeurs  to  operate  such  vehicles,  shall  keep  a 
record  containing  the  name,  address  and  age  of  each  driver 
or  chauffeur  in  his  or  its  employ,  which  record  shall  be  shown 
to  any  peace  officer  upon  demand.  All  persons  lending 
their  machines  shall  keep  a  record  of  name  and  address  of 
persons  to  win  mi  loaned  and  furnish  it  to  chief  of  police 
upon   demand. 

Sec.  1285.  Intoxication.  It  shall  be  unlawful  for  any 
person,  while  in  an  intoxicated  condition,  to  ride  or  drive, 
or  attempt  to  ride  or  drive  any  animal,  or  to  ride,  drive  or 
propel,   or   to   attempt    to   ride,   drive   or   propel    any   vehicle. 


927 

or   i"   Have  charge  or   control   of  any   animal   or   vehicle  on 
ari)   public  street  of  this  city . 

\n\    person    violating    the   provisions   of   iliis   ordin 
shall,  upon  conviction  thereof,  be  punished  by  imprisonmenl 
in  the  city    jail   for  nol   less  than  three  days  nor  more   than 
-i\   months. 

Sec.  1286.  Standing  within  ten  feet  of  a  hydrant.  h 
■-hall  be  unlawful  for  any  person  t>>  hitch,  or  t<>  leave 
standing,  or  to  cause  or  permit  to  be  hitched  or  left  stand- 
ing, any  vehicle  in  any  public  street  within  ten  feel  of  an) 
tire  hydrant. 

Sec.  1287.  Permit  to  be  obtained  to  stand  in  front 
of  premises.  It  shall  be  unlawful  for  any  driver  oi 
vehicle  which  is  For  hire,  to  permit  such  vehicle  to  stand  or 
remain  in  fronl  of  any  place  of  business  without  first 
obtaining  the  consent  of  the  tenant  of  such  place  and  the 
permission  of  the  chief  of  police. 

Sec.  1288.  Penalty.  Any  person  violating  any  of  the 
provisions  of  this  ordinance  shall,  upon  conviction  thereof 
be  punished  by  a  fine  in  any  -urn  nol  exceeding  fifty  dollars 
or  l>\  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  day-.  The  court  may.  in  imposing  a  fine,  enter 
part   of  the  nt,  that    in   default   of  the  payment  of 

the    fine    the    defendant    may    he    imprisoned    in    the    city    jail 
for  a  period  not  exceeding  thirty  days 


928 


CHAPTER   LVIII. 

TELEGRAPH,     TELEPHONE,     STREET     RAILROAD, 
ELECTRIC   WIRES    AND    POLES. 

Section  1289.  Erection  of  poles,  etc.  It  shall  be  unlaw- 
ful for  any  person  to  erect  or  maintain  any  telegraph, 
telephone,  street  railroad,  electric  light  or  electric  railroad 
poles  within  the  corporate  limits  of  Salt  Lake  City,  without 
having  first  executed  and  delivered  to  Salt  Lake  City  a  bond 
in  the  sum  of  twenty-five  thousand  dollars,  to  be  approved 
by  the  board  of  commissioners,  conditioned  that  he  will 
indemnify  and  save  the  city  harmless  from  any  and  all 
damages  that  may  lie  caused  by  reason  of  the  erection, 
maintenance,  operation,  management  or  use  of  such  tele- 
graph, telephone,  street  railroad,  electric  light  or  electric 
railroad   poles  or   the    wire   thereon    within   said  city. 

Sec.  1290.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  erect  in  any  part  of  any  street  of  Salt  Lake 
City,  which  is  paved,  or  which  is  about  to  be  paved,  any 
wooden  pole  or  poles,  for  any  purpose,  except  upon  a  permit 
issued  by  the  board  of  commissioners  of  said  city;  or  to 
erect  any  pole  or  poles  of  any  kind,  for  any  purpose,  in  any 
other  street  of  said  city  except  in  strict  pursuance  of  a  written 
permit  from  the  city  engineer.  The  permit  authorized  l>v  the 
hoard  of  commissioners  and  issued  by  the  city  engineer  shall 
specify  the  person,  firm  or  corporation  to  whom  it  is  issued, 
and  the  material,  size,  height,  construction  and  location  of 
such  pole  or  poles,  and  which  permit  must  be  on  the  ground 
where  such  poles  are  being  erected,  and  must  be  freely 
exhibited   to  any   person   or  city    officer  asking  to  examine  it. 

Sec.  1291.  To  whom  issued.  No  permit  for  the  erection 
or  maintenance  of  any  telegraph,  telephone,  electric  light, 
street    railroad,    electric    railroad    or    other    poles    in    any    of 


929 

the  streets  of  Salt  I  ake  Citj  shall  be  issued  to  anj  person, 
unless  1h-  i-  a  holder  of  a  franchise  from  the  city,  granting 
certain  specified  and  privileged  uses  of  said  streets;  provided, 
that  a  copy  of  such  franchise  shall  be  placed  on  file  with 
the  cit)  engineer  for  his  guidance;  and,  provided,  thai 
nothing  in  this  section  shall  be  construed  to  authorize  the 
erection  of  any  pole  withoul  a  permit  from  the  city  engineer. 

Sec.  1292.  Applications.  All  applications  For  permits 
to  erect  poles  must  be  in  writing  addressed  t"  the  city- 
engineer,  must  be  signed  by  the  person  desiring  to  ei 
the  poles  therein  specified,  must  state  the  place  or  places 
where  it  is  desired  to  erect  poles,  and  must  be  accompanied 
b\  a  fee  of  one  dollar  for  each  pole,  permission  to  erect 
which  is  applied  for.  Such  application  must  be  left  with 
the  city   engineer  and   he   filed   in   his  office. 

Sec.  1293.  When  permits  not  granted.  It  shall  he  un- 
lawful for  any  person  to  erect  or  to  cause  to  he  erected  any 
or  poles  in  any  street  when  the  erecting  thereof  will 
in  any  manner  interfere  with  any  sewer  connection,  oas 
or  water  main  or  pipe,  or  which  will  in  any  way  interfere 
witli  the  free  use  of  said  streets,  and  the  city  engineer  is 
hereby  prohibited  from  granting  any  permit  for  the  erection 
of  poles,  the  setting  of  which  will  in  any  mannei  violate 
this   section. 

Sec.  1294.  Poles  at  intersection.  It  shall  he  unlawful 
in)  person  to  erect  or  maintain  any  pole  or  other  oh 
struction  in  the  intersection  outside  of  the  curb  line  of  any 
Salt  Lake  City,  except  by  permission  of  the  hoard 
of  commissioners  of  Salt  I. .ike  City,  which  permission  shall 
designate  the  person  to  whom  permit  is  issued,  and  the 
material,  size,  height  and  construction  of  such  pole  or  poles. 

Sec.  1295.  Poles  in  center  of  streets.  It  shall  In-  un- 
lawful for  any  person  to  erect  poles  of  any  character  or  for 
any    purpose    in    the   center   of   any    street    in    Salt    Lake    City. 


930 

Sec.  1296.  Finish  of  poles.  It  shall  be  unlawful  for 
any  person  to  erect  or  maintain  any  wooden  pole  or  poles 
in  any  street  of  Sail  Lake  City,  unless  such  pole  is  peeled 
and  neatly  trimmed  of  knots,  presenting  a  smooth  appear- 
ance, and  painted  an  olive  green  color:  or  to  erect  or  main- 
tain in  any  such  streets  any  steel  pole  unless  the  same 
shall  be  painted  an  olive  green  color,  or  to  fail  to  designate 
by  letters  in  white  on  all  poles  to  be  erected  or  maintained. 
the  name  of  the  corporation  erecting  and  maintaining  the 
same. 

Sec.  1297.  Height  of  Wires.  It  shall  be  unlawful  for 
any  person  to  attach  any  telegraph,  telephone  or  electric 
light,  electric  or  power  wire  to  any  pole  in  the  streets  of 
Salt  Lake  City  at  a  distance  of  less  than  twenty  feet  from 
the  grade  of  the  street  at  the  base  of  the  pole.  Provided. 
trolley  wires  shall  not  be  less  than  fifteen  feet  from  street 
grade.  It  shall  likewise  be  unlawful  for  any  person  to  at- 
tach any  wire,  except  guy  wires,  to  any  pole  already  hav- 
ing wires  thereon  used  for  a  different  purpose,  at  a  distance 
of  less  than  three  feet  from  wires  previously  attached  :  provided. 
that  this  section  shall  not  be  construed  to  prevent  any  person 
already  having  wires  attached  to  a  pole,  from  attaching 
additional  wires  at  a  distance  of  less  than  three  feet,  nor 
from  preventing  any  person  when  authorized  or  directed  by 
the  city  engineer,  from  attaching  wires  to  poles  at  a  dis- 
tance of  less  than  three  feet  from  existing  wires  when  the 
new  wires  and  the  existing  wires  are  used  for  similar  cur- 
rents: provided,  further,  that  when  directed  by  the  city 
engineer,  for  the  purpose  of  crossing  other  wires  or  other 
obstructions,  the  height  and  distance  of  wires  may  be  varied. 

Sec.  1298.  Number  of  wires  limited.  It  shall  be  unlawful 
for  anv  person  to  string  more  than  one  hundred  separate 
wires  upon  any  telegraph,  telephone  or  electric  light  pole. 

Sec.    1299.      Fire    alarm    or    police    telegraph.      In    case 

the    corporation    of    Salt    Lake    City    desires    at    any    time    to 


931 

put  in  operation  any  fire  alarm  or  police  telegraph  system, 
it  reserves  t"  itself  the  right  to  use  the  top  of,  or  a  >pace 
near  the  top  of,  any  and  all  telegraph  and  telephone  poles, 
trtc  of  expense,  for  the  purpose  of  attaching  wires  thereto 
for  use  in  said  fire  alarm  or  police  telegraph,  and  the  grant- 
ing of  any  franchise  to  any  person  to  erect  poles  for  anj  "i 
the  purposes  indicated  in  this  chapter  shall  be  with  the 
above   reservation   of   privilege  and   right. 

Sec.  1300.  Poles  not  to  be  removed  or  injured.  It  shall 
be  unlawful  for  any  person  t"  wilfully  or  negligentlj  injure, 
pull  down,  break  or  deface  any  telegraph,  telephone,  electric 
light  or  power  pole  or  wire  erected  or  standing  in  the 
stn  Salt    I  .ake  (  ity. 

Sec.  1301.  Penalty.  Anj  person  violating  anj  of  the 
provisions  "t'  this  ordinance  shall,  upon  conviction  thereof, 
he  punished  by  a  fine  in  anj  sum  not  exceeding  fifty  dollars 
or  b)  imprisonment  in  the  city  jail  for  a  period  not  longer 
than  thirty  days,  The  court  may,  in  imposing  a  fine,  enter 
as  a  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  may  be  imprisoned  in  the  city  jail 
for  a  period  nol  exceeding  thirty  days. 


932 


CHAPTER   LIX. 

VACANCIES. 

Section  1302.  Vacancies.  Elective  offices.  If  anv  vacancy 
shall  occur  in  the  office  of  mayor,  commissioner  or  auditor 
by  death,  resignation,  removal  or  otherwise,  such  vacancy 
shall  be  filled  for  the  unexpired  term,  by  appointment  of 
the  board  of  commissioners.  Should  the  board  of  com- 
missioners fail  for  thirty  days  to  fill  the  vacancy  in  the 
board,  then  the  auditor  shall  sit  as  a  member  of  the  board, 
for  the  purpose  of  choosing  some  person  to  fill  said  vacancy. 

Sec.  1303.  Vacancies.  Appointive  offices.  If  any 
vacancy  shall  occur  in  any  appointive  office  provided  In- 
law or  ordinance  the  hoard  of  commissioners  shall  fill  such 
vacancy. 


933 


CHAPTER    LX. 

VEHICLES,   IK 

Section  1304.  Hack  driving  without  license  prohibited. 
Exception.  Ii  shall  be  unlawful  for  any  person  to  drive 
an)  hack,  cab  or  other  public  passenger  vehicle,  upon  any 
of   the   streets   of   Salt    Lake   City,   unless   he   has   complied 

with    the    provisions   of    Section oi   the    license    ordinance. 

except   -aid   person  is   driving   a  "call   carriage"   from   a  duly 
licensed    livery    -table. 

Sec.  1305.  Licensed  public  vehicles  to  stand  fifty  feet 
apart.  It  shall  be  unlawful  for  any  person  to  stand  any 
licensed  public  vehicle  upon  any  street  in  Salt  Lake  City. 
unless  he  i-  at  the  time  actually  engaged,  at  a  distance  of 
less  than  fifty  feel  from  any  other  licensed  public  vehicle 
at  the  time  standing  "ii  such  street:  or  to  -taud  a  licensed 
public  vehicle  on  any  cross-walk  or  the  intersection  of 
any  streets,  or  within  ten  feet  of  any  cross-walk  or  inter- 
section of  any  streets,  at  any  time:  provided,  that  licensed 
public  passenger  vehicle-  may  stand  less  than  fifty 
apart  in  any  street,  except  on  cross-walks  and  street  inter- 
sections, at  or  near  a  passenger  depot  for  a  period  of  ten 
minute-  before  and  ten  minutes  after  the  arrival  of  any 
r   train. 

Sec.  1306.  Furniture  vans  excluded  from  certain  streets. 
It  -hall  be  unlawful  for  the  owner,  driver  or  other  person 
having   charge   of   any    furniture    van.   moving   van   or  other 

red    wagon,    to   cause   or   permit    the    same    to    remain    or 

to   stand   upon   any   of   the   following   named   streets   in   Salt 

l.ake    City,    to    wit:      Main    -treet    from    South    Temple    street 

ifth   South   -treet:    h'ir-t    South.   Second    South   and   Third 

h    -treets    from     We-t     Temple    -treet     to    State     -treet: 


934 

Commercial  street,  Richards  street  and  Post  Office  place, 
Exchange  place,  Cactus  street,  Pierpont  avenue  or  Edison 
street,  unless  the  said  van  or  wagon  is  engaged  at  the 
time  in  receiving  or  delivering  freight  or  goods. 

Sec.  1307.  Vehicles  to  have  flat  tires,  etc.  It  shall  be 
unlawful  for  any  person  to  transport,  haul,  drive,  propel 
or  convey,  or  cause  to  he  transported,  hauled,  driven, 
propelled  or  conveyed,  any  load,  weight  or  burden  over 
or  through  any  of  the  public  streets,  avenues,  or  alleys 
of  Salt  Lake  City,  on  any  wagon  or  other  wheeled  vehicle 
not  having  tires  which  are  known  as  flat  or  straight 
faced,  and  which  tires  are  of  less  than  the  following  widths 
for  the  following  loads  or  burdens,  in  pounds  weight,  the 
weight  of  the  vehicle  not  included,  to  wit: 

Two  (2)  inches  for  over  2000  pounds  and  not  exceeding 
3000  pounds:  two  and  one-half  {2l/2)  inches  for  over  3000 
pounds  and  not  exceeding  4000  pounds:  three  (3)  inches  for 
over  4000  pounds  and  not  exceeding  5500  pounds :  three  and 
one-half  (3j/>)  inches  for  over  5500  pounds  and  not  exceed- 
ing 7000  pounds:  four  (4)  inches  for  over  7000  pounds  and 
not  exceeding  8000  pounds;  four  and  one-half  (4j4)  inches  for 
over  8000  pounds  and  not  exceeding  10,000  pounds  ;  five  i  5  i 
inches  for  over  10.000  pounds  and  not  exceeding  12.000 
pounds:  six  (6)  inches  for  over  12,000  pounds  and  not 
exceeding  15,000  pounds:  eight  (8)  inches  for  over  15,000 
pounds  and  exceeding  30,000  pounds.  For  greater  weights 
a  permit  to  be  issued  on  application  to  the  board  of  com- 
missioners. 

For  any  load  or  burden  exceeding  50.000  pounds,  planks 
of  two  inches  in  thickness  must  be  placed,  and  eight  wheels 
with  tires  of  ten  inches  in  width  must  be  used  in  conveying 
the  same. 

Sec.  1308.  Vehicles,  loading  of,  etc.  All  loads  or 
burdens  must  be  so  distributed  that  the  weight  on  each 
wheel    shall    be    equal,    or    as    nearly    so    as    possible,    and 


935 

on  all  two-wheeled  wagons  or  other  two-wheeled  vehicles 
used  for  like  purposes  the  width  <>f  the  tires  sliall  be 
double  the  width  of  the  tires  for  the  same  load  <>r  burden 
as  herein  required  for  four-wheeled  wagons  or  other  four- 
wheeled    vehicles 

Sec.  1309.  Weight  of  load,  etc.  No  load  of  greater 
weight  than  4000  pounds  (weighl  of  vehicle  included)  shall 
be   drawn   over   the   city's   streets   <>n    two-wheeled    vehicles. 

Sec.  1310.  Rubber  tired  vehicles,  etc.  This  ordinance 
shall  not  be  construed  as  applying  to  wagons  or  wheeled 
vehicles    with    rubber   tire-. 

Sec.  1311.  Vehicles  to  have  weight  marked,  etc.  Every 
wagon  or  wheeled  vehicle  required  to  have  tires  of  width 
a-  provided  by  this  ordinance  shall  have  fixed  on  both 
sides  of  -aid  wagon  or  wheeled  vehicle,  in  some  conspicuous 
place,  in  plain  letters  and  figures,  the  weight,  in  pounds,  of 
such  wagon  or  wheeled  vehicle,  and  also  the  weight  capacity, 
in   pounds,  of  the  same. 

Sec.  1312.  Driver,  etc.,  to  remain  near  vehicle.  It  shall 
be  unlawful  for  any  person  while  engaged  as  driver,  chauf- 
feur, solicitor  or  attache  of  any  licensed  public  vehicle  to 
leave  his  vehicle  for  a  distance  of  more  than  six  feet  except 
for  the  purposi  of  securing,  when  requested,  the  baggagi 
hi-  patrons, 

Sec.  1313.  Fraud  prohibited.  It  shall  be  unlawful  for 
the  driver  of  any  licensed  public  vehicle  or  for  any  person 
soliciting  patronage  for  any  such  public  vehicle,  to  induce 
or  attempt  t"  induce  any  person  to  employ  him,  by  know- 
ingly or  wantonly  misinforming  or  misleading  such  person 
as  to  the  time  or  place  of  the  arrival  or  departure  of  anj 
railroad  train  or  ether  conveyance,  or  the  location  of  any 
railroad  depot,  office,  station  <<r  ticket  office,  or  the  location 
of  any   hotel,  public   place,  or  private   residence    within    said 


936 

city,  or  to  practice  any  deceit,  fraud  or  misrepresentation 
in  any  manner  whatever  relative  to  matters  pertaining  to 
his  business. 

Sec.  1314.  Shall  not  enter  depots.  It  shall  be  unlawful 
for  the  driver,  porter  or  runner  for  any  licensed  public  vehicle, 
to  enter  i n ti >  or  upon  any  railroad  depot,  or  upon  any  passage 
or  landing  leading  thereto,  while  actually  engaged  in 
his  employment  a^  Mich:  provided,  however,  that  nothing 
herein  contained  shall  be  construed  to  prevent  the  persons 
herein  named  from  entering  in  and  upon  any  railroad  car, 
depot  or  passage  leading  thereto,  for  the  purpose  of  getting 
the  baggage  of  any  passenger  arriving  at  or  departing  from 
the  city,  after  first  having  obtained  and  exhibited  to  any 
policeman  or  person  in  charge  of  such  railroad  car.  depot, 
passage  or  landing,  the  check  or  checks  of  such  passenger 
for  such  baggage. 

Sec.  1315.  Unlawful  to  drive  into  vehicle  or  person. 
It  shall  be  unlawful  for  the  driver  of  any  vehicle,  whether 
licensed  or  not.  to  wilfully  or  negligently  drive  or  back 
his  vehicle  into  or  against  any  other  vehicle  or  any  person. 

Sec.  1316.  Disorderly  conduct  prohibited.  It  shall  be  un- 
lawful for  the  driver,  porter,  chauffeur,  solicitor,  or  runner  of 
any  licensed  public  vehicle  at  any  time  or  place  when  waiting 
for  or  engaged  in  his  employment,  to  obstruct  any  street  or 
sidewalk,  make  any  unusual  noise  or  disturbance,  unneces- 
sarily snap  or  flourish  his  whip,  use  any  indecent,  profane  or 
obscene  language,  or  be  guilty  of  any  boisterous  or  loud 
talking,  or  solicitation  of  passengers,  or  business,  or  any 
disorderly  conduct,  or  to  use  any  language  or  be  guilty 
of  any  conduct  calculated  to  disturb  the  public  peace  or  good 
order  of  the  city,  or  to  harass,  vex,  annoy  or  disturb  any 
person,  or  to  interfere  with,  obstruct  or  impede  the  free 
passage  of  passengers  or  other  persons  to  or  from  any 
depot,    train    or    depot     grounds,    or    to    seize    or    grasp    fir 


937 

interfere    with    any    person    or    anj    baggage    carried    bj 
belonging  i"  said  passengers  or  persons. 

Sec.  1317.  Lighted  lamps  at  night.  Door  handle. 
It  shall  be  unlawful  for  any  person  to  drive  a  licensed 
public  passenger  vehicle  in  the  night  time,  unless  he  shall 
have  fixed  upon  some  conspicuous  part  of  the  outside 
thereof  two  lighted  lamps  with  plain  glass  "ides,  having 
the  number  of  such  vehicle  in  three-inch  Gothic  plain  l> 
figures,  painted  with  black  paint  upon  each  of  the  outer 
sides  "I  such  lamps  in  such  manner  that  the  number  may 
be  distinctly  seen;  or  to  drive  at  any  time  a  vehicle  which 
shall  not  have  a  kn<>l>  or  handle  upon  the  inside  of  each 
door,  by  which  said  doors  may  be  easily  "pencil  from  the 
inside. 

Sec.  1318.  Rates  of  fare.  It  shall  be  unlawful  for  the 
owner   or   driver   of   any    licensed    public    passenger    vehicle 

harjje  for  the  use  thereof  in  excess  of  the  following 
of  fare  : 

1.  For  conveying  each  passenger  (rem  any  hotel  i" 
any  depot  in  the  city,  or  from  one  depot  to  another,  fifty 
cents. 

_'      For    conveying    each    passenger    n<  >t    exceeding    one 

mile.    fift\    cent'-. 

3      For    each    additional    mill-    <>r    part    of    a    mile,    fifty 
■ 

4.  For   conveying   children    between    five    and    fourteen 

...  nol  to  exceed  half  the  above  price  may  be 
charged  for  like  distances,  hut  for  children  under  five 
year-  of  age  ii"  charge  shall  he  made 

5.  ;  any  such  vehicle  drawn  by  two  horses, 
by  the  daw  with  •'ti<-  or  mere  passengers,  <  iu li '   dollars. 

'•  For  the  u-e  of  any  such  vehicle,  by  the  hour,  with 
■  me  or  mure  passengers,  with  the  privilege  of  going  from 
place    to    olace    and    stopping    as    often    a-    may    Ik-    desired. 


938 

two  dollars   for   the   first  hour,  and   for   each  additional   hour 
or  part  of  an  hour,  one  dollar. 

7.  For  the  use  of  any  such  vehicle,  drawn  by  one 
horse,  or  other  animal,  by  the  hour,  for  the  first  hour,  one 
dollar,  and  for  each  additional  hour  or  part  of  an  hour, 
seventy-five    cents. 

8.  In  all  cases  where  the  hiring  of  any  licensed  public 
passenger  vehicle  is  not  at  the  time  of  the  hiring  specified 
to  be  by  the  hour,  it  shall  be  deemed  to  be  by  the  mile; 
and  for  any  detention  exceeding  fifteen  minutes,  when  so 
working  by  the  mile,  the  owner  or  driver  may  demand  at 
the  rate  of  one  dollar  per  hour. 

Sec.  1319.  Rates  to  be  posted  in  vehicles.  It  shall  be 
unlawful  for  any  person  to  drive  a  licensed  public  passenger 
vehicle,  unless  there  is  fixed  in  such  vehicle  in  manner 
so  as  to  be  conveniently  read  by  any  person  riding  in  the 
same,  a  card  with  the  name  of  the  owner  of  such  vehicle, 
the  number  of  his  license  written  or  printed  thereon,  and  the 
rates  of  fare  fixed  by  this  chapter. 

Sec.  1320.  Overcharging  prohibited.  It  shall  be  un- 
lawful for  the  owner  or  driver  of  any  licensed  public  pas- 
senger vehicle  to  demand,  or  receive  by  virtue  of  a  demand, 
any  fare  in  excess  of  that  provided  for  in  this  chapter. 

Sec.  1321.  May  demand  fare  in  advance.  The  owner 
or  driver  of  any  licensed  public  passenger  vehicle  shall  have 
the  right  to  demand  in  advance  the  fare  of  any  person  em- 
ploying him.  and  may  refuse  to  convey  any  person  who 
shall  not  comply   with  such  demand. 

Sec.  1322.  Refusing  to  convey  passengers  prohibited. 
It  shall  be  unlawful  for  the  owner  or  driver  of  any  licensed 
public  passenger  vehicle,  when  not  otherwise  engaged,  to 
refuse  to  convey  any  person,  with  or  without  baggage,  upon 
demand  and  tender  of  the  lawful  fare.  or.  having  undertaken 


939 

in    convej     such    person,    to    thereafter    wilfully    refuse    or 
do. 

Sec.  1323.  Shall  give  number  and  name.  li  shall  be 
unlawful  for  the  owner  or  driver  of  an)  licensed  public 
passenger  vehicle,  upon  being  requested   so  t"  '1".  to  refuse 

jive  the  number  of  hi^  vehicle,  and  the  name  of  the 
owner   or   driver   thereof. 

Sec.  1324.  Refusing  to  pay  fare.  It  shall  be  unlawful 
for  an}  person,  having  hired  any  licensed  public  passenger 
vehicle,  and  having  ridden  therein,  to  refuse  to  pay  his 
fare,   not    exceeding   the   rate    fixed    b)    this   chapter. 

Sec.  1325.  Destroying  or  interfering  with  vehicles.  It 
shall  be  unlawful  for  any  person  to  in  any  way  wilfully 
injure,  mar.  deface,  mutilate,  molest,  or  destroy,  any  wagon, 
buggy,  automobile,  motorcycle,  bicycle,  tricycle,  or  other 
vehicle,  no  this  own,  or  in  drive  or  take  or  carr)  the  same 
away,  or  to  secrete  the  same,  or  to  handle  or  tamper  with 
the  same,  or  any  pari  thereof,  or  the  machinery  thereof,  in 
any  public  street,  alley,  avenue,  or  place  within  Salt  Lake 
City. 

Sec.  1326.  Penalty.  Any  person  violating  any  of  the 
provisions  of  tlu^  ordinance  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  in  any  sunt  not  exceeding  fifty  dollars 
nr  by  imprisonment  in  the  city  jail  for  a  period  nol  longer 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter 
a-  a  part  of  the  judgment,  that  in  default  of  the  payment  of 
the  fine  the  defendant  may  be  imprisoned  in  the  city  jail 
for  a  peril  >d  nut  exceeding  thiru   days. 


940 


CHAPTER  LXI. 

WATER  SUPPLY  AND  WATER  WORKS. 

Section  1327.  Creating  office.  There  is  hereby  created 
and  established  in  and  for  Salt  Lake  City.  Utah,  the  offices 
of  superintendent  of  water  works  and  assistant  superin- 
tendent of  water  works. 

Sec.  1328.  Appointment.  Salaries.  The  board  of  com- 
missioners of  Salt  Lake  City.  Utah,  may  appoint  a  compe- 
tent person  to  the  office  of  superintendent  of  water  works. 
who  -hall  receive  a  salary  of  twenty-one  hundred  dollars 
per  annum,  and  a  competent  person  as  assistant  superin- 
tendent of  water  works  who  shall  receive  a  salary  of  fifteen 
hundred  dollars  per  annum,  said  salaries  payable  monthly 
as  are  the  salaries  of  other  city  officer-. 

Sec.  1329.  Oath.  Bond.  The  superintendent  of  water 
works  shall,  before  he  enters  upon  the  duties  of  his  office, 
take  and  subscribe  the  constitutional  oath  of  office  and 
execute  a  bond  with  good  and  sufficient  sureties  to  be 
approved  by  the  board  of  commissioners,  payable  to  the 
city  in  the  penal  sum  of  five  thousand  dollars,  conditioned 
for  the  faithful  performance  of  the  duties  of  his  office,  and 
the  payment  of  all  moneys  received  by  him  as  such  officer 
according  to  law  and  the  ordinances  of  the  said  city;  the 
assistant  superintendent  shall  subscribe  the  oath  and  execute 
a  bond  in  the  sum  of  S250O.  conditioned  as  provided  by 
law. 

Sec.    1330.       Employes.       Appointment.       Compensation. 

The  board  of  commissioners  may  appoint  and  employ  the 
following  assistants,  deputies,  clerks  and  emploves  in  the 
department  of  water  supply  and  water  works. 


941 

One  chief  clerk,  at  a  salan  oi  $1,500  per  annum,  who 
shall,  before  assuming  the  duties  of  his  office,  take  and  sul>- 
scribe  the  constitutional  oath  of  office  and  shall  give  a 
bond  i"  Salt  Lake  Citj  in  the  sum  of  $1,000.00.  conditioned 
as  required  bj   law  : 

i  Ine  clerk  at  a  salar)   of  $1,020.00  per  annum; 

i>m-  stenographer  at  a  salar)    of  $900.00  per  annum; 

I  ln<   assessor  at  a  salary  of  S1.5CW.00  per  annum: 

One  inspector  at  a  salar)   of  SI. 080.00  per  annum; 

i  me  inspector  at  a  salary  of  $900.00  per  annum. 

i  ine  storekeeper  at  a  salary  of  $900.00  per  annum;  the 
salaries  of  all  of  whom  shall  be  paid  monthl)  as  are  the 
salaries  of  other  employes. 

One  machinist   at   a  -alary  of  $1,320.00  per  annum; 

One  foreman  of  canals  and  water  sheds  at  a  salan  ol 
$1  ,320  per  annum  ; 

One  foreman  water  works  at  a  -alary  of  $1,320  per 
annum  ; 

•  tne  assistant  foreman  water  works  at  sa!ar\  oi  Sl.oxo.ix) 
per  annum  ; 

Two  repairers  at  a  salar)   of  $1,200.00  each  per  annum; 

One  plumber  at   a  salary  of  $1,200.00  per  annum; 

i  me   meter  man   at   a   salary  of  $1,200.00  per  annum. 

■   runner-   at    a   -alary   of  $1,020.00   each   per   annum: 

Seven    laborers    at    a    -alary    of   $900.00    each    per    annum: 

Four  emergency  men  at  a  -alary  of  $1,020.00  each  per 
annum  : 

One  distributor  at  a  salar}    of  SI. 200.00  per  annum: 

Two  patrolmen  for  the  Jordan  and  Salt  Lake  canal,  at 
a  salary   of  $960.0  annum  ; 

One   patrolman   for  Cottonwood   Canyon   at   a   -alary   of 
annum; 

Two  patrolmen  for  Parley's  Canyon  at  a  salar)  of  S'KW.OO 
each    per   annum  ; 

One  patrolman  for  Parley's  Canyon  for  eight  month-  in 
the   year  at   a   -alary   of  $80.00  per  month; 

eo 


942 

One  emergency  patrolman  for  Emigration  Canyon  for 
two  months  in  the  year  at  a  salary  of  $80.00  per  month  ; 
Thirteen  tankmen  at  a  salary  of  $780.00  each  per  annum  : 
Three  inspectors  for  supplementary  assessment  and 
inspection  at  a  salary  of  $75.00  each  per  month :  and  such 
other  employes,  laborers  and  equipment  as  may  be  necessary 
for  the  proper  conduct  of  the   said   department. 

Sec.  1331.  Duties  of  superintendent.  The  superinten- 
dent shall,  under  the  direction  of  the  commissioner  of  water 
supply  and  water  works  and  the  board  of  commissioners, 
have  charge  of  the  water  system  of  Salt  Lake  City,  the 
reservoirs,  conduits,  water  tanks,  water  mains,  fire  hydrants 
and  all  machinery,  property  and  appurtenances  appertaining 
to  the  water  works.  He  shall  direct  the  location  and  con- 
struction of  all  service  pipes,  and  the  regulation  of  the 
water  supply  to  fire  hydrants  and  to  all  water  users.  He 
shall  report  to  the  commissioner  of  water  supply  and 
water  works  as  required,  his  doings  as  superintendent,  and 
the  condition  of  water  works  system,  and  make  such  sugges- 
tions as  the  nature  of  the  service  may  require. 

Sec.  1332.  Written  application  for  water.  Applications 
for  the  use  of  water  must  be  made  on  printed  forms,  furn- 
ished by  the  department  of  water  supply  and  water  works, 
and  signed  by  the  applicant.  The  applicant  shall  state  fully 
and  truly  the  purpose  for  which  water  is  required,  and 
shall  agree  to  conform  to,  and  be  governed  bv,  such  rules 
and  regulations  as  may  be  prescribed  by  the  board  of 
commissioners,  for  the  control  of  the  water  supply.  Said 
applicant  shall  in  his  application  state  the  location,  kind 
of  building,  number  of  rooms  and  the  entire  area  of  ground 
to    be    supplied. 

Should  the  owner  or  occupanl  of  the  premises  desire 
an  additional  fixture,  or  wish  to  use  water  for  a  purpose 
not  stated  in  the  original  application,  a  new  application 
must  be  made,  and  a  permit  obtained  from  the  department  of 


U43 

water  supply  and  water  works.  It  shall  he  unlawful  for  an) 
per- 'ii  supplied  with  water  from  the  city  <>v  entitled  to  use 
water,  to  use  it  for  any  purpose  other  than  stated  in  his 
application,  or  \>>  supply  water  to  an)  person  excepl  a; 
covered    in   the   application    so   made. 

Sec.  1333.  Notice  of  discontinuance.  Should  any  per- 
son desire  to  discontinue  the  use  of  water  for  any  special 
purpose,  branch  pipes  supplying  the  water  to  the  particular 
fixture  or  fixtures,  must  be  disconnected  and  stopped  with 
a  metallic  plug,  or  cap.  Notice  of  such  discontinuance  must 
be  given  in  writing  to  the  department  of  water  supply  and 
water  works,  before  any  reduction  will  he  made  in  water 
rates. 

Any  person  desiring  to  discontinue  the  use  of  water 
supplied  to  any  premises  for  a  period  not  less  than  three 
months,  shall  give  notice  in  writing  to  the  department  of 
water  supply  and  water  works  No  reduction  or  abatement 
of    water    rates    shall    be    made    unless    such    notice    shall    be 

n.  No  sprinkling  will  be  allowed  except  in  connection 
with  house  service  unless  premises  are  supplied  through 
I  er 

Sec.  1334.  Service  pipe.  Curb  box.  Charge  for  con- 
nection. The  service  pipes  and  connections  from  the  main 
the  curb  line,  including  a  curb  box,  to  be  placed  within 
the  line  of  the  street  curb,  will  be  put  in  and  maintained 
by  the  city  water  department,  and  kept  within  its  exclusive 
control,  for  which  a  charge  of  eight  dollars  will  be  made. 
ible  m  advance,  for  a  -^-inch  connection;  ten  dollars 
for  a  :  inch  connection:  fifteen  dollars  for  a  one-inch 
ci  innection. 

In    cases    where    streets    are    paved    or    macademi/ed.    the 

abutting    property   owner    shall    pay    the    whole   cost    of   in- 
stalling From    the    main    {•>   the   curb,   and    a    uniform 
charge   .if   five   dollars   for   tapping   the    main.     Charges   for 
•    -i/e   connections   and   all    work   done   by    the   depart- 


944 

merit  of  water  supply  and  water  works,  shall  be  fixed 
by  the  commissioner  of  water  works,  at  the  actual  cost 
for  work  done;  provided,  that  the  charges  above  fixed  shall 
be  in  addition  to  the  charges  required  by  ordinance  tor 
making  openings  in  streets. 

Sec.  1335.  Service  pipes.  Service  pipes  must  be  so 
arranged  that  the  supply  to  each  separate  house  or  premises 
may  be  controlled  by  a  separate  stop-cock,  placed  within 
and  near  the  line  of  the  street  curb.  Before  water  will  be 
supplied  through  such  service  pipe,  some  one  person,  firm,  cor- 
poration or  association  must  agree  to  be  responsible  for  and 
pay   for   all    water   used   through    said    service. 

Where  water  is  now  supplied  through  one  service,  to 
one  or  more  houses  or  persons,  the  commissioner  of  water 
works  may  in  his  discretion,  either  refuse  to  furnish  water 
until  separate  services  are  provided,  •  or  may  continue  the 
supply  on  condition  that  one  person  shall  be  responsible  for 
and  pay  for  all  water  used  through   said  service. 

Sec.  1336.  Quality  of  service  pipe.  Permit  and  fee. 
All  service  and  other  pipes  used  underground  shall  be  of 
cast  iron,  standard  galvanized  iron,  extra  strong  lead  or 
tin-lined  lead  (except  private  pipes  where  the  board  of 
commissioners  authorizes  the  use  of  special  material),  laid 
not  less  than  four  feet  below  the  surface  of  the  ground  and  of 
sufficient  strength  In  stand  the  water  pressure.  All  work  upon 
and  alterations  or  extensions  of  water  pipes,  and  size  of 
pipes  shall  be  to  the  acceptance  of  the  superintendent.  No 
connection  of  service  pipes  shall  be  made  without  first  ob- 
taining a  permit  therefor  from  the  commissioner,  for  which 
permit  there  shall  be  paid  the  sum  of  one  dollar:  and  no 
ex  tension  shall  be  made  to  another  water  taker  from  the 
same  service  pipe  without  a  stop-cock  or  key-box  being 
attached  at  the  junction  of  such  service  pipe. 

No  consumer  shall  be  permitted  to  conduct  water  pipes 
across     lots     or     buildings     to     adjoining    premises,     but     all 


94S 

service  pipes  shall  enter  at  the  Front  of  the  building  nearest 
the   sidewalk. 

Sec.   1337.     Fire  hydrants  and  public  drinking  fountains. 
All    fire    hydrants    and    public    drinking    fountains    shall    be 
under   the   control    of,   and   shall    be   kept    in    repair   b)    the 
superintendent   of   water   works.     The   fire   department   shall 
at    all    times   have   free   access   to   all   fire   hydrants      Water 
may    also    be    furnished    from    the    fire    hydrants    to    sti 
sprinkling   and    flushing    wagons,   under    the    supervision    of 
the    superintendent    of    water    works.       Applications    for    the 
use  of  water  from  fire  hydrants  for  building,  public  impro 
ment   or  other   purposes,   may   be   granted   by   the   commis- 
sioner of  water  works,  upon  the  deposit  by  the  applicant  of  a 
sufficient   amount   of  money   to  be   specified  by   the  superin 
tendent,    for   the    payment    of   an    employe    to   furnish    such 
water,    the    surplus    of    such    deposit,    if    any    exists,    shall    be 
refunded,  upon   the  discontinuance  of  the  use. 

It    shall    be    unlawful     for    am     person,    other    than    tl 
duly    authorized    to   open    or    operate    any    fire    hydrant    or 
to     tamper     or     interfere     with     or     attempt     to     draw     water 
therefrom,  or  in  any   way  to  obstruct   the  approach   thereto. 

It  shall  be  unlawful  for  am  person  lo  interfere  or 
tamper  with  or  to  injure,  break,  damage,  deslroj  or  to 
hitch  any  vehicle  or  animal  to  any  public  drinking   fountain 

Sec.  1338.  Fire  hydrant  wrenches.  The  superintendent 
of  water  work-,  upon  application,  shall  furnish  wrenches 
for  fire  hydrant-  to  the  chief  of  the  fire  department,  for 
the  use  of  the  department  and  to  such  other  persons  as 
shall   l>e  dulj    authorized. 

Sec.  1339.  Unlawful  to  have  fire  hydrant  wrench.  Ex- 
ception. It  -hall  he  unlawful  for  any  person,  without 
>\uc  authority  t . ■  have  in  hi-  possession,  any  wrench  for  i 
fire  hydrant. 


946 

Sec.  1340.  Unlawful  to  permit  wrench  to  be  taken, 
etc.  It  shall  be  unlawful  for  any  person  having  law- 
ful charge  of  any  hydrant  wrench  to  permit  the 
same  to  be  taken  from  him  or  from  its  place  of  deposit,  or 
to  permit  such  wrench  to  be  used  for  any  purpose  other 
than   that  authorized  by  the   superintendent   of   water   works. 

Sec.  1341.  City  may  shut  off  water,  when.  No 
liability.  Salt  Lake  City  reserves  the  right  at  any  time, 
without  notice,  to  shut  off  the  water  from  its  mains  for 
the  purpose  of  making  repairs  or  extensions  or  for  other 
purposes,  anil  no  claims  shall  be  made  against  Salt  Lake 
City,  by  reason  of  the  breakage  of  any  service  pipe  or 
service  cock,  or  for  any  other  damage  that  may  result  from 
the  shutting  off  of  water  for  repairing,  laying  or  relaying 
mains,    hydrants    or    other    connections. 

Sec.  1342.  Taker  only  to  use  water.  It  shall  be  unlawful 
for  any  water  taker  to  permit  any  person  from  other 
premises,  or  any  unauthorized  person  to  use  or  obtain  water 
from  his  premises  or  water  fixtures,  whether  inside  or 
outside  of  his  building. 

Sec.  1343.  Pipes  to  be  kept  in  good  repair.  All  water 
takers  shall  keep  their  service  pipes,  connections  and  other 
apparatus  in  good  repair  and  protected  from  frost  at  their 
own  expense;  but  no  person,  except  under  the  direction 
of  the  superintendent,  shall  be  allowed  to  dig  into  the 
street  or  sidewalk  for  the  purpose  of  laving,  removing  or 
repairing    any    service    pipe. 

Sec.  1344.  Plumbing  permit.  Report.  It  shall  be  un- 
lawful for  any  person  to  make  any  extension  of  any  pipe 
or  water  fixture  attached  to  the  water  works  system,  for 
any  purpose  whatever,  without  first  obtaining  a  permit 
therefor  from  the  department  of  water  supply  and  water- 
works.      All     persons    must     within     twenty-four    hours    after 


947 

the  completion  of  any  plumbing  work  connected  with  the 
water  works  system,  report  the  same  to  the  department  of 
water  supplj   and  waterworks. 

Sec.  1345.  Plumbing.  That  the  following  rules  shall 
be  strictlj  adhered  to  bj  all  persons  performing  any  plumb- 
ing \\'>rk  m  and  upon  anj  of  the  mains,  connections  or 
appliances  appertaining  to  the  city  water  works  of  Salt  Lake 
and  any  violation  thereof  or  failure  to  comply  there 
with  shall  Ik-  considered  a   violation   of  this  ordinance. 

Sec.  1346.  Id.  No  person  shall  make  am  connections 
t.\  or  in  any  manner  perform  any  work  upim  an\  of  the 
main-,  connections  or  appliances  pertaining  to  the  city 
water  works  of  Salt  Lake  City  until  he  shall  have  secured 
a   license   and   tiled   a   bund   a-   required   by   ordinance. 

Sec.  1347.  Id.  No  alteration,  addition  <>r  disconnection 
m  or  about  any  water  pipe-,  or  apparatu-  connected  with 
the  water  work-,  shall  be  made  by  any  plumber  or  anj 
consumer  of  water  without  written  permission  to  do  such 
work  granted  by  the  superintendent  of  the  city  water  works. 

Sec.  1348.  Id.  Every  plumber  who,  after  having 
obtained  a  permit  from  the  department  of  water  supply 
and  water  work-,  shall  install  any  pipe-  or  fixtures 
persons  desiring  to  use  water,  or  who  shall  make  repairs 
upon  or  addition-  or  extensions  to  pipe-  or  fixture-  already 
installed,  shall,  within  twenty-four  hours  after  the  same 
shall  be  completed,  fill  up  and  return  to  the  superintendent 
of  water  work-,  upon  blank-  to  be  furnished  for  that  pur- 
a  full  report  thereof,  stating  the  ordinarj  and  special 
use  for  which  said  water  is  to  be  supplied. 

Sec.   1349.     Id.      Plumbers  will   be  required   in  all  cases 
:omply   with  and   conform   to  rule-  governing   consumers 
in  the  location  and  placing  of  the  stop-boxes  and  cut-offs. 


948 

Sec.  1350.  Id.  In  case  of  leaks  or  other  accidents  to 
pipes  or  other  apparatus  connected  with  the  water  works, 
plumbers  may  shut  off  the  water  to  make  such  necessary 
repairs.  In  all  cases  when  plumbers  shall  make  repairs 
to  pipes  or  fixtures  on  any  premises,  they  shall  leave  the 
water  turned  on  or  turned  off  as  they  found  it,  when  they 
entered   the   premises  to   make   such   repairs. 

Sec.  1351.  Id.  Should  any  plumber  in  good  standing 
procure,  or  attempt  to  procure,  taps  or  permits  for  the 
benefit  of  a  suspended  plumber,  or  one  whose  license  has 
been  revoked,  the  license  of  such  plumber  will  also  be 
revoked. 

Sec.  1352.  Id.  Plumbers  must  not  extend  pipes  from 
one  street  number  to  another  without   special  permission. 

Sec.  1353.  Id.  Water  closets  and  urinals  must  not  be 
connected  to  service  water  pipes,  except  in  connection  with 
other    fixtures. 

Sec.  1354.  Id.  Water  pipes  must  not  be  laid  in  the 
same  trench  as  sewers,  but  a  separate  trench  must  be 
provided. 

Sec.  1355.  Id.  In  connecting  fixtures  not  previously 
connected  to  water  mains,  plumbers  must  first  obtain  a 
permit  therefor  and  see  that  all  fixtures  conform  to  rules 
existing  at  the  time  the  work  i>  done,  and  make  report 
thereof. 

Sec.  1356.  Id.  If  meters  are  placed  on  pipes  connected 
to  boilers  or  other  hot  water  apparatus,  a  check  valve  must 
be  placed  between  said  meter  and  such  boiler  or  other 
hot  water  apparatus,  to  protect  such  meter  from  back 
pressure  of  steam   or  hot    water. 


949 

Sec.  1357.  Id.  In  cases  where  water  pipes  enter  a 
building,  plumbers  must  supplj  said  pipe  with  a  stop  and 
waste  with  a  handle  or  wrench  fixed  thereto  for  the  purpose 
of  turning  same.  Said  stop  and  waste  shall  be  placed  on 
said  water  pipe  within  nine  inches  of  the  wall  where  said 
pipe  enters  said  building  and  be  accessible.  All  meters 
installed  by  plumbers  shall  be  sel  within  two  feel  of  tin- 
wall  where  the  water  pipe  enters  the  metered  premises 
Plumbers  installing  meters  must  disconnect  all  water  fixti 
and    apparatus    on     the    premises    and    grounds    belonging 

thereto,    nol     supplied     with     water    through    said     meter. 

Sec.  1358.  Id.  The  opening  oi  stop-boxes  by  plumbers 
h\  any  means  other  than  a  proper  wrench  is  unlawful.  All 
plumbers  must  have  a  stop-box  wrench  attached  t<>  their 
keys  for  opening  and  closing  stops.  Any  plumber  break- 
ing -top-box  cover  or  bolt  will  he  required  to  pay  for 
same   in   addition   to  the  penalty   prescrib 

Sec.  1359.  Fixtures  used  in  water  connections.  It  shall 
he  unlawful  for  any  person  to  use  any  kind  <>t  stop-cock  or 
draw-cock  "ti  any  fixture  in  connection  with  the  water 
wurks  system,  except  the  kind  known  as  a  compression 
cock.  Slide  valves  may  he  used  t"  fill  railroad  or  other 
tank-  when  a  waste  is  nut  wanted,  and  where  the  pipes 
ghly  protected  from  the  frost;  also  for  hose 
connections,  or  where  a  separate  waste  i-  used.  No  other 
than  regulation  curb  boxes  ami  curb  and  cellar  checks  -hall 
he  used  in  connection  with  the  water  works.  The  size 
of  all  service  pipe  -hall  be  determined  by  the  superintend 
ent  of  water  works  when  the  application  for  water  is  filed. 
but  no  service  pipe  shall  be  larger  than  that  extending 
from   the   main    to   the  curl). 

Sec.    1360.     Fire   protection.      Pipes   to  be   used   only    in 
of  fire,  will  he  allowed  within  buildings  on  tho  following 
conditions : 


950 

The  fire  pipes  must  be  entirely  disconnected  from  those 
not  used  for  other  purposes  and  the  hose  pipes  or  branches 
must  be  arranged  by  means  of  seals  or  otherwise  so  that 
they   can   be   used   only    in   case   of   fire. 

Sec.  1361.  Waste  prohibited.  It  shall  be  unlawful 
for  any  water  laker  to  waste  water,  or  to  allow  it  to  be 
wasted  by  imperfect  stops,  valves,  leaky  joints  or  pipes, 
or  to  allow  tanks  or  watering  troughs  to  leak  or  overflow, 
or  to  wastefully  run  water  from  hydrants,  faucets  or  stops, 
or  through  basins,  water  closets,  urinals,  sinks  or  other 
apparatus,  or  to  use  the  water  for  purposes  other  than 
those  for  which  he  has  paid,  or  to  use  water  in  violation  of 
the  rules  and  regulations  for  controlling  the  water  supply, 
and    the    provisions   of   this   chapter. 

The  superintendent  of  waterworks  shall  require  anv  water 
user,  who  shall  flagrantly,  wantonly  or  unnecessarily  waste 
water,  to  install  a  meter. 

Sec.  1362.  Use  without  payment  prohibited.  It  shall 
be  unlawful  for  any  person,  by  himself,  family,  servants 
or  agents  to  use  the  water  coming  through  the  water  mains 
without  first  paying  therefor  as  hereinafter  provided,  or 
without  authority  to  open  any  stop-cock,  valve  or  other 
fixture  attached  to  the  system  of  water  supply,  or  to  in 
any  wise  injure,  deface  or  impair  any  part  or  appurtenance 
of  the  water  works,  or  to  cast  anything  into  any  reservoir 
or   tank    belonging   to    said    works. 

Sec.  1363.     Turning  on  after  being  turned  off  prohibited. 

It  shall  be  unlawful  for  any  person,  after  the  water  has  been 
turned  off  from  his  premises  on  account  of  non-pavment  of 
rates  or  other  violation  of  the  rules  and  regulations  per- 
taining to  the  water  supply,  or  for  any  reason  to  turn  on  or 
allow  the  water  to  be  turned  on,  or  use  or  allow  the  water  to 
be  used  without  authority  from  the  superintendent  of  water 
works. 


951 

Sec.  1364.  Fountains.  No  fountain  attached  to  the 
water  works  system  shall  In-  greater  than  one-half  inch  in 
diameter.  There  shall  be  a  stop-cock  to  each  fountain 
attached,  which  shall  be  under  control  of  the  superintendent. 

Sec.  1365.  Sprinklers  for  lawns.  It  shall  be  unlawful 
to  use  water  for  sprinkling  except  through  a  nozzle  or  other 
sprinkling  device,  which  shall  not  l>e  larger  than  one  fourth 
oi  an  inch  in  diameter. 

Sec.  1366.  Sprinkling  districts.  The  city  shall  be 
divided  into  sprinkling  districts  by  the  superintendent  ol 
water    works. 

Sec.  1367.  Metered  service,  etc.  Water  for  sprinkling 
purposes  only  will  not  be  supplied  except  through  a  metered 
service. 

Sec.  1368.  Time  for  sprinkling.  The  commissioner  of 
water  supply  and  water  works  shall  designate  the  hours 
for  sprinkling  lawn.-,  windows  and  front-  during  the  month- 
of  June.  July,  August,  September  and  October  of  each 
year.  Thirty  minute-  each  da)  -hall  be  allowed  for  the 
sprinkling  of  each  one  hundred   square  yards  of  lawn. 

Sec.  1369.  Mayor's  proclamation.  In  the  event  of  the 
scarcit)  of  water,  whenever  it  shall,  in  the  judgment  of  the 
hoard  of  commissioners,  be  necessary,  the  mayor  shall  b) 
proclamation  limit  the  use  of  water  for  other  than  domestic 
purposes,  to  such  extent  which  ma\  be  required  for  the 
publi  It  shall  be  unlawful  for  any  person  by  himself. 

family,    servants    or    agents,    to    violate    any    proclamation 
made   by   the   mayor   in   pursuance   of   this   section 

Sec.  1370.  Steam  boilers  to  be  filled  from  tanks.  It 
•shall  be  unlawful  for  any  person  to  fill  any  steam  boiler  used 
for  power  purposes  from  the  pipe-  direct.  Such  boilers  must 
be  provided  with  a  tank  and  be  supplied  therefrom. 


952 

Sec.  1371.  Superintendent  to  have  free  access.  Free 
access  shall,  at  all  ordinary  hours,  be  allowed  to  the  superin- 
tendent or  other  authorized  person  to  all  places  supplied 
with  water  from  the  waterworks  system,  to  examine  the 
apparatus,  the  amount  of  water  used  and  the  manner  of 
its  use.  Any  water  taker  violating  any  of  the  rules  and 
regulations  controlling  the  water  supply  shall  forfeit  all 
payments  made  and  the  right  to  the  use  of  the  water. 

Sec.  1372.  Taking  water  from  ditch  forbidden.  Wher- 
ever the  water  mains  are  laid,  it  shall  be  unlawful  for  any 
person  to  convey  the  waters  of  the  city  from  any  ditch  <  >r 
place  by  private  pipes  for  fountain,  mechanical  or  other 
purposes,  except  the  ordinary  irrigation  of  lots,  under  the 
direction  of  the  watermaster,  or  to  divert  said  waters 
from  the  ordinary  irrigation  ditches  for  the  supply  of  steam 
boilers  or  other  mechanism. 

Sec.  1373.  Annual  assessments.  It  shall  be  the  duty 
of  the  commissioner  of  water  works  to  annually  assess 
each  water  user  for  water  used  in  accordance  with  the 
provisions  of  the  ordinances  of  Salt  Lake  City.  Such 
assessments  of  water  shall  be  based  upon  the  rates  here- 
inafter established,  and  date  from  the  first  day  of  July 
"i  each  year:  provided,  that  wherever  a  sliding  scale  is 
fixed  for  any  particular  use  of  water,  the  commissioner 
shall  determine  the  amount   to  he  paid. 

Sec.  1374.  Assessment  Rolls.  Upon  such  assessment 
being  made,  the  commissioner  of  water  works  shall  turn 
over  the  water  assessment  rolls  to  the  city  auditor  for 
verification  of  the  total  amounts  of  such  rolls:  the  said 
auditor  shall  debit  the  city  treasurer  upon  the  books  of 
his  office  with  the  total  of  said  assessment,  and  shall  notifv 
the  city  treasurer  of  his  action  in  the  premises.  The  city 
auditor  shall  then  deliver  said  rolls  to  the  commissioner 
of    water   works,   who   shall    promptly   notify   all    water  users 


953 

of    the    rates    assessed.       rhe    city    treasurer    shall    proceed 
collect   the  rate  annually   as   the  board  of  commissioners 
shall  direct. 

Sec.  1375.  Notice  to  water  takers.  Delinquency.  The 
missioner  of  water  works  shall,  before  the  first  day 
of  July,  1913,  and  each  year  thereafter,  furnish  to  each 
user  ''i  water  from  the  water  works  of  Salt  Lake  i  ity,  a 
correct  and  accurate  statement  of  the  amount  due  Salt  Lake 
.  for  use  of  water  for  the  ensuing  year,  in  accordance 
with  schedule  of  water  rates  as  provided  in  Section  1376  of 
the  Revised  <  trdinances.  \11  water  rates  shall  be  due  and 
payable  July  firsl  of  each  year,  and  unless  paid  by  July 
31>t  shall  be  delinquent.  The  commissioner  shall,  not  later 
than  \iivn-t  31st  of  each  year,  cause  the  water  to  be  turned 
off  the  premises  of  all  such  delinquents,  and  before  the 
water  -shall  be  turned  on  all  delinquent  rates  must  be  paid 
in   full,  together   with  one  dollar  additional    for  expense. 

No  allowance   shall    be   made    for   the   non-use   of   water 
for    a    period    less    than    three    months.       Any    water    user    to 
avail    himself    of    an    abatement    for    non-use    for    a    greater 
period  than  above  specified   shall   report   to  the  superinti 
ent  and  have  water  turned  off  his  premises. 

The  commissioner  of  water  work-  shall  have  power 
to  adjust  all  erroneous  bill-  anil  rates  and  -hall  report 
all  such  adjustments,  with  the  reason  therefor  to  the  city 
auditor,    and    to    the    board    of    commissioners    monthly    or 

ner  if  required. 

The  provisions  of  this  ordinance  -hall   not   be  construed 
■-of  water  where  meters  are  installed. 

Sec.   1376.     Water  rates.     Paid  in  advance.      The  annual 
rates    for   a    Suppl)    of    water    from    the    Salt    Lake    ("ity    water 
rks  to  be  paid  annually  in  advance,  are  hereby   fixed   and 
tblished  as  follows,  to  wit : 


954 

Aquarium,  fish   (meter  only). 
Bakery   (meter  only). 

Bootblack    stand    5.00 

Bowling  alley,  first   alley 5.00 

Each  additional  alley    2.00 

Bank    10.00 

Barber  shop,  first  chair   5.00 

Each    additional    chair 2.00 

Bath,  public,  first   tub 5.00 

Each  additional   tub    3.00 

Beer   pump    10.00 

Blacksmith  shop,  one  forge 5.00 

Each   additional    forge    2.00 

Bookbinding  and  printing  office 10.00  to    25.00 

Brewery    (metered    only). 
Brickyard    (meter   only). 

Butcher    shop    and    meat    market 10.00  to    20.00 

Billiard    and    poolrooms    in    addition    to    store 

rates,  each  table 50 

Churches — for     toilets,     urinals     and     lawns, 

regular  rates. 

Baptistry    5.00 

Candy  factory    (meter  only). 

Club  rooms    10.00  to    25.00 

Confectionery  and  ice  cream  saloon 5.00  to    20.00 

Dancing    hall     10.00 

Drug    store 10.00  to    25.00 

Dyeing,  scouring  and  cleaning  establishment 

(meter  only). 
Fish  market    (meter  only). 
Flour  mills   (by  meter  only). 
Foundry  and  machine  shops  (meter  only). 
Fountain,   with   jet   not   exceeding   T4    inch   in 

diameter,    per    month 3.00 

Fountain   in  store,   restaurant,   or  other  place. 

(meter  only). 
Greenhouses  (meter  only). 


Hose    connection    for    sprinkling    garden,    or 

other  purposes,  50  square  yards  or  less..      1.50 

For  each  additional  square  yard 03 

For  washing  each  private  vehicle   1.00 

For   each   animal   <  >u   premises    1.00 

Hotel,   boarding   or   lodging    house,   for   each 

room    ha\  in^    water   attachmenl 1.50 

For  each  room  not  having  water  attachment.      1.00 

No  hotel,  boarding  or  lodging  house  less  than   10.00 

I  [ospitals    i  by    meter   only  |. 

Private  dwelling,  occupied  l>\  one  family,  five 

rooms    or    less     4.00 

Each   additional   room    75 

h    additional     family     3.00 

Each   toilet    2.00 

Each    hath    tub    1.00 

Ice  manufacturing  establishment  (by  meter 
only  |. 

Laboratory,  soda  water  manufacturing,  bot- 
tling works,  vinegar  factory  and  packing 
houses    i  meter  onlj  i 

Laundry  (by  meter  only). 

Liquor  -tore,  saloon  or  beer  shop  (meter 
only  |. 

Livery  stable  and  feed  stahle,  and  for  washing 
vehicles   i  meter  only  I. 

Railroad    (locomotives  and   coaches    (meter  only). 

Street   car-,  washing  each   (by   meter  only). 

Lumber    yard     10.00  to   20.00 

Planing   mill    (by    meter  only). 

Lunch     stand    and     restaurants     10.00  to    50.00 

Office  buildings  (meter  only). 

Photograph    gallery    10.00  to   25.00 

Refrigerating  plant-:  All  services  connect- 
ing therewith  to  be  metered 

Sanitarium  or  public  hath  house  1 1>\  meter 
only. ) 


956 

Turkish    bath     50.00  to    75.00 

Soda  fountain,  for  the   season    5.00  to    15.00 

Society    hall     10.00 

Steam    boilers,    stationary,    for    all    purposes 

except   heating,   meter  only. 
Stoneyard   and   stone    sawing   mill    (by    meter 

only). 

Theatre    or    public    hall 10.00  to    50.00 

Store  or  shop    5.00  to    50.00 

Family  living  in  same  building  as  store  same 

as    if    in    separate    building    (see    private 

dwelling). 

Water  closets,  except  in  dwellings    5.00 

I  'rinals    2.50 

Dentist,  jet  flusher,  each  5.00 

Public   schools,   each   per  year 50.00 

Undertaking  establishment    (meter  only). 

Sec.    1377.     Commissioner   may  fix  rates,  when.      Water 

for  other  uses  or  business  than  those  named  in  the  foregoing 
schedule  of  water  rating  may  be  furnished  at  rates  to  be 
fixed  by  the  commissioner  of  water  works. 

Sec.  1378.  Meter  rates.  The  rates  for  water  supplied 
through  meters  to  all  places  will  be  the  same  for  all  quanti- 
ties, namely;  seven  cents  per  thousand  gallons  for  the  first 
100,000  gallons;  six  and  one-half  cents  per  thousand  gallons 
for  the  second  100,000  gallons,  and  six  cents  per  thousand 
gallons  for  all  quantities  over  200,000  gallons.  The  minimum 
charge  for  water  used  through  a  meter  shall  be  fifty  cents  per 
month.  Water  meters  shall  be  put  in  at  the  water  taker's 
expense  whenever  it  is  considered  necessarv  by  the  superin- 
tendent of  water  works,  and  the  same  shall  be  put  in  by  the 
superintendent  of  water  works  upon  written  request  from 
any  water  taker  at  such  water  taker's  expense.  In  all  cases 
a  deposit  shall  be  required  as  provided  by  ordinance.  Con- 
sumers    shall     keep    all     meters    upon     their    premises     from 


957 

ing,  and  the  surroundings  clear  and  clean;  provided,  that 
when  a  meter  gets  out  of  order  and  fails  to  register,  the  water 
takers  shall  be  charged  for  the  time  it  was  out  of  order  at 
the  average  daily  rate  as  registered  b)  the  meter  when  in 
order. 

Sec.  1379.  Water  meters  to  be  placed  in  breweries, 
artificial  ice  plants,  hotels,  etc.  All  breweries,  bottling 
works,  artificial  ice  plants,  or  other  manufacturing  establish- 
ments, all  railways,  power  houses,  cold  storage  plants,  -.team 
and  hand  laundries,  all  hotels  and  office  buildings  and  apart- 
ment houses  having  more  than  15  rooms  each,  livery  stables, 
and  other  establishments  using  large  quantities  of  water  from 
the  water  works  system,  shall  place  water  meters  in  their  re- 
spective places  of  business  and  pay  for  water  by  measure- 
ment. Mete'-  of  a  type  approved  by  the  board  of  commis- 
sioners will  be  furnished  and  maintained  by  the  city  upon  the 
water  taker  depositing  the  net  cost  thereof  with  the  city 
treasurer,  who  shall  issue  a  certificate  of  deposit  for  -aid 
amount,  which  amount  shall  he  refunded  to  the  holder  upon 
the  return  of  the  meter  in  serviceable  condition  and  surrender 
of  the  certificate.  Where  annual  assessments  of  water  rates 
have  already  been  made  upon  any  of  the  business  establish- 
ments hereinbefore  mentioned,  the  commissioner  <>f  wi 
works  is  hereby  authorized  to  withdraw  --aid  assessments 
from  the  date  that  water  meter-  are  placed  in  such  establish- 
ments, and  thereafter  charge  for  water  taken  by  meter  i. 
\II  water  meter-  shall  he  under  the  control  of  the  commis- 
sioner  of  water  works,  who  shall  cause  the  same  to  he  read 
quarterly  or  oftener  if  necessary,  and  furnish  hill-  to  all  water 

rs   supplied   with   water  through    meter-.     It    shall    be   un- 
lawful for  any  person  by  himself,  family,  servants  or  agent-. 
to  open,  interfere  with,  injure,  deface,  or  m   anywise  in 
the   workings  of  am    water  meter. 

Sec.    1380.      Water   not    to    be    supplied    to    motors.      No 
water    shall    he    supplied    from    the    pipes    of    Salt     Lake    City 

61 


958 

water  works  for  the  purpose  of  driving  any  motor,  turbine 
or  other  wheels,  or  any  hydraulic  engines  or  elevators,  or 
for  driving  or  propelling  machinery  of  any  kind  whatso- 
ever, and  no  license  shall  be  granted  or  issued  for  any 
such  purpose,  except  upon  the  permit  of  the  superintendent, 
consent  of  the  hoard  of  commissioners  having  been  previously 
i  ibtained. 

Sec.  1381.  Sworn  statement  The  commissioner  may 
demand  of  any  person  a  sworn  statement  of  the  purpose  for 
which  water  is  required,  together  with  the  number  of 
rooms,  hose  connections,  bath  houses,  urinals,  water  closets, 
engines,  boilers,  stock  yards,  corrals,  livery  stables,  liquor 
stores  and  other  purposes  for  which  water  is  required,  and 
also  the  number  of  horses  or  other  animals  to  be  supplied, 
and  the  number  of  vehicles  to  be  washed.  Any  person 
refusing  to  make  such  sworn  statement  when  required,  shall 
he    refused    a    supply   of    water. 

Sec.  1382.  No  alteration  in  rates.  Nothing  herein 
contained  shall  prohibit  the  board  of  commissioners  from 
amending,  altering  or  adding  to  the  provisions  of  this  chapter 
in  relation  to  the  water  supply  or  the  rules  or  regulations 
which  may  lie  adopted  in  conformity  therewith;  provided,  that 
no  alteration  in  water  rates  shall  apply  to  any  permission 
given,  or  contract  made  for  the  use  of  water,  until  after  the 
expiration   of    such    permission    or   contract. 

Sec.  1383.  Analysis  of  city  water.  Tt  shall  be  the  duty 
of  the  board  of  health  to  make  or  cause  to  he  made  once  in 
every  three  months,  an  analysis  of  the  water  furnished  by 
the  city  through  its  water  system,  and  report  the  same  to 
the   board   of  commissioners. 

Sec.  1384.  Befouling  water.  It  shall  he  unlawful  for 
any  person  to  construct  or  maintain  any  corral,  sheep  pen. 
pig  pen,  chicken  coop,  stable  or  other  offensive  yard  or  out- 
house along  any  stream  of  water  used  by  the  inhabitants  oi 
Salt   Lake   Citv.   anywhere   within  ten   miles  above  the  point 


959 

where  -.n<l  stream  is  taken  by  said  city,  where  the  waste 
or  drainage  therefrom  will  naturally  find  it--  wa)  into  said 
stream  "i  water;  nr  to  deposit,  pile,  unload  or  leave  any 
manure  or  other  offensive  rubbish,  <>r  the  carcass  of  any  dead 
animal  along  ;un  stream  of  water  used  by  the  inhabitants 
-alt  Lake  City,  anywhere  within  ten  miles  above  the  poinl 
where  said  stream  is  taken,  where  the  waste  or  drainage 
therefrom  will  naturally  find  its  wa)  into  said  stream  of 
water;  or  t<>  drive,  <>r  t.>  permit,  or  cause  any  other 
persons  to  drive  an)  loose  cattle,  horses,  sheep  or  hogs 
through  any  canyon  from  the  stream  of  which  water  is  01 
shall  be  taken  for  the  use  of  the  inhabitants  of  said  city,  or 
t"  permit  any  cattle,  horses,  sheep  or  hogs,  to  remain  in, 
to  pollute  an)  stream  of  water  used  by  the 
inhabitants  of  said  cit)  anywhere  within  ten  miles  above  a 
poinl    where  said    water  is   first    taken   b)    said   city. 

Sec.  1385.  Id.  It  shall  be  unlawful  for  any  person  or 
persons  within  ten  miles  above  the  highest  poinl  where  water 
from  an)  canyon  is  taken  for  use  by  the  inhabitants  "t 
Salt  Lake  I  ity  to  ramp  within  one  hundred  feet  of  the 
stream  in  said  canyon,  or  t"  throw,  or  deposit   an)    garbage 

■i  her    deleterious    matter    of    any    kind,    name    or    nature. 

in)  point  in  such  canyon  within  ten  miles  from  the 
highesl  poinl  of  diversion  at  a  place  where  such  deposit 
will  naturally  by  wash  or  rains  or  drainage,  find  its  way 
int..  said  stream. 

Sec.  1386.  Id.  Whenever  any  loose  cattle,  horses,  sheep 
..r  hogs  are  found  in  any  canyon  from  the  stream  <>i  which 
water  i-  ..r  -hall  he  taken  for  the  use  ••!  the  inhabitants  "I 
Salt  Lake  City,  and  within  ten  mile-  above  the  highest 
point  where  such  water  is  taken,  it  is  hereby  made  the 
duty  of  the  commissioner  <>i  water  works,  hi-  agents, 
servants  and  employes  t..  cause  t<>  he  driven  or  t..  drive 
such    cattle,    horses,    sheep    •  >r    hogs    t.>    and    leave    them    at    a 

<  either  below  -aid  p. nut  of  intake,  or  more  than  ten 
miles   above    said   point   of   intake 


960 

Sec.    1387.     Unlawful  to  interfere  with  city  officers.      It 

shall  be  unlawful  for  any  person  to  interfere  with,  molest. 
hinder  or  obstruct  the  commissioner  of  water  works,  or  any 
of  his  agents,  servants  or  employes  while  in  the  performance 
of  the  duties  imposed  by  the   foregoing  section. 

Sec.  1388.  Water  main  extensions  made  at  expense  of 
city.  Hereafter  all  water  main  extensions  shall  be 
made  by  the  city  without  special  taxes  being  levied  to  pav 
the  same.  But  no  water  main  extensions  shall  hereafter  be 
ordered  by  the  board  of  commissioners  or  rrlade  with  pipe 
less   than   six   inches  in   diameter. 

Sec.  1389.  Any  person  may  have  water  main  extended. 
How.  Any  person  desiring  to  have  the  water  mains 
within  the  city  extended,  and  being  willing  to  advance  the 
whole  expense  of  such  extension,  and  receive  the  return 
thereof,  as  hereinafter  provided,  may  make  application  to 
the  board  of  commissioners  by  petition  containing  a  descrip- 
tion of  such  proposed  extension,  accompanied  by  a  map 
showing  the  location  thereof,  which  petition  shall  also 
contain  an  offer  to  advance  the  whole  expense  of  making 
the  same  as  said  expense  shall  be  certified  to  by  the  city 
engineer. 

Sec.  1390.  Id.  Upon  the  receipt  of  such  petition  and 
map,  and  before  the  petition  is  granted,  the  board  of  commis- 
sioners shall  obtain  from  the  city  engineer  a  certified 
statement  showing  the  whole  cost  and  expense  of  making 
such  extension. 

Sec.  1391.  Id.  If  the  board  of  commissioners  shall  grant 
said  petition,  before  any  work  shall  be  done  on  such  ex- 
tension, and  within  thirty  days,  or  such  other  time  as  the 
board  shall  indicate,  after  the  granting  thereof,,  the  amount  ol 
the  cost  and  expense  of  making  such  extension  as  certified 
by  the  city  engineer,  shall  be  deposited  with  the  city  treas 
urer  of  this  city. 


961 

Sec.  1392.  Id.  The  sum  of  money  deposited  as  provided 
in  Section  L391  of  this  ordinance  shall  be  returned  to  the  pi  i 
son,  Firm  or  corporation  depositing  the  same,  or  to  his. 
her  or  it-  assigns,  personal  representative  or  successor,  by 
the  city  treasurer  when  so  directed  by  the  board  of  com- 
missioners, by  paying  _'.;  per  cent  of  the  sum  so  deposited. 
without  interest,  on  the  firsl  day  of  July  in  each  year  until 
said  sum  is  fully  paid,  the  first  payment  to  be  made  on  the 
first  day  0  I  July  of  the  year  next  following  the  year  in  which 
the  monej  i-  deposited.  Provided,  that  if  at  the  time  the 
lasl  payment  -hall  become  due  a-  aforesaid,  there  shall  nol 
he  sufficient  users  of  water  from  -aid  extension  to  yield 
to  the  city,  water  rates  in  a  sunt  amounting  to  6  per  cenl 
on  the  whole  cosl  of  such  extension,  -aid  last  payment  shall 
not  he  made.  But  -aid  last  payment  may  he  made  to  the 
person,  firm  or  corporation  entitled  thereto,  upon  Such 
person,  firm  or  corporation  executing  and  delivering  to  the 
city  an  undertaking  in  an  amount  and  with  sureties  to  be 
approved  by  the  board  of  commissioners,  conditioned  that 
the  principal  in  said  undertaking  will  pay  to  the  city  on  or 
before  the  10th  day  of  July  in  each  year  in  cash,  the  differ- 
ence between  -ix  per  cent  on  tlie  whole  cost  of  such  exten- 
sion, and  the  -um  of  monej  received  by  the  city  for  water 
rates  tor  the  preceding  year  ending  June  30,  on  account  of 
Such   extension,   until   the    water   rate-   received   by    the   cil\    on 

tut    oi    such   extension    shall    equal    six   per   cent    on    tin 
whole  cost  of  the  extension;  the  amount   so  to  he  paid  to  b< 

rtained  from  a  statement  to  he  made  by  the  citj 
treasurer   on   or   before   July    S   of   each   year,    showing   the 

nnt  of  water  rates  received  h\  the  city  on  account  of 
such   extension   for  the   preceding   year  ending    [une  30. 

Sec.  1393.  Id.  Any  person  desiring  to  have  the  water 
mains  of  tlii-  city  extended  without  advancing  the  cost  and 
expense  thereof,  a-  in  this  ordinance  hereinbefore  provided, 
may  make  application  therefor  by  petition  to  the  hoard  of 
commissioners,     Showing     the     location     and     extent     of     such 


962 

proposed  extension;  but  no  such  extension  shall  be  ordered 
unless  it  is  made  certain  that  the  proposed  extension  will 
from  its  inception  yield  in  water  rates  an  annual  return  to 
the   city  of  at   least  6  per  cent   on   the   cost   thereof. 

Sec.  1394.  No  water  supplied  to  plats,  etc.,  unless 
approved.  No  water  mains  or  pipes  shall  be  laid  nor 
shall  permission  be  given  to  lay  water  mains  or  pipes  to 
supply  water  from  the  water  works  system  of  Salt  Lake 
City  to  the  occupants  of  any  plat,  addition  or  subdivision- 
of  any  block,  lot  or  tract  of  ground  within  Salt  Lake  City. 
unless  the  said  plat,  addition  or  subdivision  shall  have  been 
approved    by    the    board    of    commissioners. 

Sec.  1395.  Private  pipe.  When  permission  is  granted 
by  the  board  of  commissioners  to  any  person  or  persons 
to  put  in  a  private  water  service,  the  whole  cost  of  installing 
the  same  shall  be  paid  by  the  person  or  persons  obtaining 
such  permission.  All  such  water  service  shall  be  maintained 
and  kept  in  good  repair  by  the  owners  and  users  thereof,  at 
their  own  cost  and  expense.  In  all  cases  a  separate  curb 
box  and  shut-off  shall  be  installed  for  each  separate  property. 
Should  any  one  connect  to  a  private  pipe  without  a  permit 
from  the  waterworks  department,  the  water  may  be  shut  off 
at  the  main  until  a  permit  is  taken  out  and  all  expenses 
of   shutting  off  and    turning  on   is   paid. 

Sec.  1396.  Penalty.  Any  person  violating  any  pro- 
sion  of  this  chapter  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  in  any  sum  not  exceeding  fifty  dollars 
or  by  imprisonment  in  the  city  jail  for  a  period  not  lunger 
than  thirty  days.  The  court  may,  in  imposing  a  fine,  enter 
as  a  part  of  the  judgment,  that  in  default  of  the  payment 
of  the  fine  the  defendant  may  be  imprisoned  in  the  city 
jail  for  a  period  not  exceeding  thirty  days. 


SI*  r  1  <  IN  2.  That  these  Revised  l  Irdinances  in  Volume 
1.  containing  I. XI  chapters,  sections  numbered  consecutively 
from  1  t"  1396,  be  ami  the)  are  herebj  published  by  authority 
of  tlu-  Board  of  Commissioners  of  Salt   Lake  City,  Utah. 

1  TION  3.  That  the  Revised  Ordinances,  unless  other- 
wise therein  provided,  shall  take  effect  <>n  the  1st  daj  of  July. 
1913. 

Passed  by  tlu-  Board  of  Commissioners  "i"  Salt  Lake  City, 
Utah,  Mas   1-t.  1913. 

Ml  IBLE  W  ARRUM. 
S  \MLLI.  C.  PARK,  Liiy  Recorder. 

Mayor. 


STAT]':  OF   UTAH, 
City  and  County  of  Salt  Lake, 


ss. 


I,  Noble  VVarrum,  City  Recorder  of  Salt  Lake  City.  Utah, 
do  herein  certify  that  the  above  and  foregoing  is  a  full,  true 
and  correct  copy  of  an  ordinance  entitled:  "An  ordinance 
revising  and  compiling  the  ordinances  of  Salt  Lake  City, 
Utah,"  passed  l>v  the  Board  of  Commissioners  of  Salt  Lake- 
City.  Utah.  May   1st,  1913,  as  appears  of  record  in  my  office. 


In  Witness  \\  hereof,  I  have 
hereunto  set  my  hand  and  af- 
fixed the  corporate  seal  of  said 
City,  this   1st   day  of  May,   1913. 

NOBLE  WARRUM. 

City  Recorder. 

Rill  Xo.  24. 


Published   May   1st.   1913. 


INDEX  TO  ARTICLES  AND  SECTIONS  OF  CON- 
STITUTION OF  UTAH.  APPLICABLE  TO 
CITIES  OF  THE  FIRST  CLASS 

Accused                                                                                                  Art.  Sec 

rights   ol    I  12 

corporations  1-'  4 

Agent 

neligible  to  office,  when 12  17 

Appeal 

rivrlit  of,  criminal  cases                1  12 

m  «li>trict  courts   8  9 

8  9 

ilations  provided  by  law    8  9 

final  judgments 8  9 

law  alone,  in  law  cases 8  9 

law  ;in(l  fact,  equity  cases 8  9 

probate  courts   8  9 

from  justices'  courts   8  9 

nrt  final,  except 8  9 

Appropriation 

us  ti -«.-.  etc 1  4 

Arbitration 

boat                  16  2 

•    members    21  1,2 

Arms 

riulit  of  tlit  i                  bear 1  6 

Arrest 

■  •  n i It ii v;  dl  1  16 

4  3 

Assessment     S 

special   law    regarding,  forb                         6  26 

iinifnrm  and  equal   rati  13  3 

Attainder 

bill  of,  forbidden  1  18 


966  INDEX  TO    CONSTITUTION 

Attorney  \rt.  Sec. 

right   of   party    to    1  11,12 

of  corporation,  when  ineligible  to  office 12  17 

Bail 

right   of   accused    persons   to 1  8.9 

excessive'    bail    not    required    1  9 

Bill  of  Attainder 

shall   not   be  passed 1  18 

Board  of  Education 

control   of   schools   in   certain   cities Ill  6 

Board  of  Labor,  Conciliation,  and  Arbitration 

legislature    shall    provide 16  2 

compensation,   etc 21  2 

Bonds 

cities,   etc.,  not  to  lend  credit 6  31 

debt  limit  of  counties,  etc 14  3,7 

debt,   cities,   etc..   creating    14  3.7 

Boundaries 

of    counties,    change    of 11  3 

Capital 

located  at   Salt  Lake  City   19  3 

pi  'u  er  ti '  select  site  not  delegated 6  29 

Cemetery 

when  exempt   from  taxation 13  3 

Certiorari 

original  jurisdiction    8  7 

Change  of  Venue 

special  law  prohibited   6  26 

Charter 

general  for  cities   11  5 

prohibition  against  special  laws 6  2o 

prohibition    against    special    laws 11  5 

Children 

public   schools  open  to 3  4 

property  of,  special  law  forbidden 6  26 

employment    in   mines   prohibited 16  3 


IXD1  \    I NST1  rUTION 


967 


Church  Art. 

inii  'ii  of,  « it h  state       1 

interference  of,  in  state  functions  forbidden 1 

Cities 

prohibition  against  special  laws 11 

ihibition  against   special  laws 6 

general  charter  t"  be  provided 11 

indebtedness  to,  legislature  may  nol  release 6 

irers  of,  nol   delegated  by  legislature 6 

shall  not  lend  credit 6 

not  to  allow  extra  compensation  to  contractors, 

etc " 

shall  not  sell  water  rights   11 

may  exchange  water  rights  11 

railmad  and  other  companies  niii-t   have  consent 

to  use  streets  12 

t  or  attorney  of  corporation,  when  ineligible 

iffice  12 

property  exempt  from  taxation 13 

ssessment,  o  illection   13 

debt,    limitation 14 

for  water,  etc. . .                                  14 

drl>[.  vote  to  create                                         14 

1»  ti  r  j .                         11 

state  not  to  assume 14 

heretofore    created     14 

public   works,   day's   labor 16 

-hall    paj    o\ ,  r    fee- .......                                            ...  21 

city   justice's   salary                                                      .  21 

Claims 

i  allowance  prohibited 6 

Combinations 

and  tru-t ~  prohibited  1-' 

Common  Carriers 

what    ar,                                      12                  12 

26 

12    12,  IS,  20 

-hall  not  discriminate,  freight  or  passenger 12                12 

Complaint 

accused   entitled   to  1 


Sec. 
4 
4 

5 
26 

5 
27 
29 
31 

.in 
6 
6 

8 

\1 

3 

5 

3.4 

4 
3 

4.5 
(. 
7 
6 
2 

1 


30 


20 


12 


968  INDEX  TO    CONSTITUTION 

Conscience  Art.  Sec. 

rights  of,  sacred 1  4 

Constables 

tees  in  full  compensation 21  1  .2 

Constitution  of  United  States 

oath  to  support,  etc 4  10 

Constitution  of  Utah 

provision  mandatory  and  prohibitory,  unless 1  26 

oath  of  office,  to  support,  obey 4  10 

appeal  involving  constitute  inality 8  9 

Contracts 

law    impairing,    prohibited    1  18 

extra  compensation   forbidden 6  30 

Convict  Labor 

not  to  be  contracted 16  3 

Corporations 

rates  of  railroads,  etc.,  may  be  regulated 6  26 

rates  of  railroads,  etc..  may  be  regulated 12     12,15,20 

public  assistance  to  private  enterprises  forbidden.  6  31 

creation,  by  general   laws   only 6  26 

by  general  laws  only 11  5 

subject  to  tax  13  10 

franchises,  etc..  not  to  be  extended  by  legislature  12  3 

"corporation."   includes   what 12  4 

right  to  sue  and  be  sued. 12  4 

foreign,  not  to  be  favored 12  6 

franchise-  not  to  be  alienated  to  injure  creditors..  12  7 
railroad,  etc..  must  have  consent  of  cities,  for  use 

of  streets   12  8 

limited  to  powers  granted 12  10 

eminent  domain  against 12  11 

armed  men,  authority  to  bring 12  16 

officer  ineligible  to  municipal  offices,  when 12  17 

"blacklisting"  prohibited  12  19 

"blacklisting"   prohibited    16  4 

"trusts"  and  "combinations"  prohibited 12  20 

right  to  sue  and  be  sued 12  4 

employes,   political  and  commercial,   control   pro- 
hibited       16  3 

stock    not    taxable,    when    13  2 


[NDEX  TO    CONSTITUTION  969 

County  \'t              Sec. 

special  law  as  t"  seal                                    6              _'(> 

affairs  prohibited  6               26 

fees  prohibited   6                 26 

imt  to  lend  credit  6               3] 

niiKr.  recognized   11                 1 

county  seat,  removal,  vote   11                    2 

consent  necessarj   to  annex  or  detach  territory..  11                  3 
government,  uniform  law  tor  precinct  and  town- 
ship organizations    11                  4 

ml  collect  taxes   13                 5 

Taxation — S<  i     I    ices 

debt,  limitation                              14             3,4 

vote  t"  incur   14                     3 

purposes  14          .1. 4.  5 

mom                » ed,  how  used 14                 5 

state  nol   to  assume 14                <i 

existing  not  affected 14                 7 

public  »»orks,  day's  labor .             16                 6 

paid  fixed  salaries 21              1.2 

pay   fees  into  treasury....                  21                  2 

Courts 

court-  interior  to  supreme  courts  may  be  estab- 
lished       8                  1 

special  law  regulating  jurisdiction,  forbidden  6               26 

n  to  all.  etc ...  1                11 

ice  in  person  or  by  counsel  1           11,12 

Credit 

lending   of   public,   forbidden.  6                ,>1 

Crime 

person  charged  with     Sec  Defendant 

no  imprisonment  except  for  special  law  pun 

ishii               dden                                   ....  6 

Criminals 

certain,  cannot   vote    4                     6 

Damages 

private  property  for  public  use,                   ition....  1                22 

Debt 

lent    lor.  i  1                     1'' 

tinguish    certain  6                  27 


970  INDEX  TO    CONSTITUTION 

Declaration    of    Rights  Ar 

enumeration  of  rights  of  people 

Defendant 

criminal   case,   bail 

appear  in  person  or  by  counsel 

entitled  to  copy  of  accusation 

confronted   by   witnesses 

attendance   of  witnesses    

trial,    speedy    and    public 

by  jury    .  .  ? 

husband  and  wife  as  witnesses 

need  not  be   witness 

twice  in  jeopardy    

Descent 

prohibition  against   special  law 

Disqualification 

of  judges   

voters 

conviction 

District  Courts 

part   of  judicial    power 

jurisdiction,   original   and   appellate 

appeals  from   final  judgments 

equity   cases    

law     cases     

from    probate   courts    

justices'   courts    , 

disqualification    of   judges 

judges  conservators  of  the  peace 

absence     

may   issue    necessary    writs 

jury    

Ditch  Companies 

rate  of  charges  may  be  regulated 6 

Due  Process  of  Law 

all    entitled    to 1 

Elections  and  Suffrage 

no  property   qualification   to  vote  except 1 

free     1 


Sec. 
27 

8.9 

1.12 
12 
12 
12 

12 

in 

12 
12 

12 

26 


8 

13 

4 

6 

13 

8 

8 

1 

8 

7.9 

8 

9 

S 

9 

8 

9 

24 

9 

8 

7.9 

8 

13 

8 

27 

8 

27 

8 

7 

1 

in 

26 


4 

17 


INh                 CONSTITUTION  971 

Elections  and  Suffrage     Continued  Sec 

males  and  females,  equal  ri^ht* 4  1 

soldiers  may  vote,  war 1  1" 

sex,  right  to  vote,  etc 4  1 

electors,  age  and  residence 4  2 

arrest  on  election  days ....  4  3 

militia  duty,  electii  ins                    4  4 

imi-i  be  citizens   4  2. 5 

i.lu>t~    disqualified    4  6 

disqualification     4  6 

property  qualification    4  7 

qualification   to   vote   to  increase   state   tax..  13  7 

qualification  t"  vote  to  incur  cities,  etc.,  di-l>t  14  3.7 

et  ballot         4  8 

mechanical  contrivance   for   voting 4  8 

general  elections,  date 4  9 

municipal  and  school  elections,  date 4  9 

special  elections,  when  held 4  9 

official   terms   begin,   when 4  9 

oath   of   office 4  10 

t.i    change    count}    seats   11  2 

limits     II  3 

vote  to  increase  state  tax 13  7 

incur   debt,   cities,   etc 14  3,7 

Eminent  Domain 

exisl                >ni~t   corporations 12  11 

Employment 

kli~tiiim   prohibited    12  19 

prohibited 16  4 

Equity 

appeals,    law    and    fact 8  9 

jurisdiction  in  district  courts.  8  7 

Evidence 

criminal   libel,  truth   in   evidence 1  IS 

pro\                 urj                    1  IS 

■  >i  husband  or  wife   .  I  12 

used  need  not  gn t  I  12 

Ex  Post  Facto  Law 

forbidden                                                               ...  1  18 


972  INDEX  TO    CONSTITUTION 

Fees  Art. 

accused  person  not  to  advance   1 

special   laws   forbidden 6 

may    be    regulated     (> 

extra  fees  not  to  be  granted 6 

notaries    public,    justices,    etc.,    compensation....  21 

legislature  to  fix  amount  of,  for  all  officers 21 

true  account  of  to  be  kept 21 

Female 

right-,  i  if  suffrage   4 

Fines 

excessive,  not  to  be  imposed 1 

special  laws  remitting,  forbidden 6 

Fiscal  Year 

begins    January    1.    unless l.i 

Forfeitures 

special    laws    remitting,    forbidden 6 

Franchise 

irrevocable,   not  to  be  granted 1 

special   law   granting,    forbidden 6 

may  be  taxed    1.3 

legislature  not  to  remit  forfeited 12 

Government 

seat  of,  located  at  Salt  Lake  City 19 

church  interference  in,  forbidden 1 

three     departments    of 5 

Habeas  Corpus 

privilege  not  to  he  suspended,  except 1 

writ   of.  jurisdiction,   hearing 8 

Highways 

special  law  as  to,  prohibited 6 

Idiots 

disqualified    as   voters 4 

Immunity 

irrevocable,  nol  to  he  granted 6 

special  law  granting,  forbidden 6 

Imprisonment 

for  debt,  absconding  debtor 1 


Sec. 
12 
26 
26 

M) 

1.2 

2 

-> 


9 
26 


26 

2.1 

26 

2 

.3 

,3 
4 
1 


26 


26 
26 

16 


INDEX  TO    C(  INS!  I  NJTION 


Initiative  and   Referendum 
pr.'\  i ~i.  >n ^  concerning 


Injunction 

urit  of,  original  jurisdiction 


Injury 

remedy  for,  by  due  course 

Insane 

persons  disqualified  as  \  otei 


Interest 

libition  against  special  law.., 

Jeopardy 

to  be  twice  put  in 


Judgment 

appeal  from   final   

power  t.>  carry  into  effect 

before   final,   accused   persons   -lull    not   advance 

fees    

.  if  justice  of  the  peace,  appeal 

Judicial  Department 

urts,    jurisdiction,    etc  


Judicial  Powers 
ted,  where 


Jurisdiction 

writ-  necessary  for  the  exercise  of 


Jurors  and  Jury 

religious    qualifications    not    required 
r,  in  ••"tirt-  of  inferior  jurisdii 

diet,    criminal    cases       

civil  cases,  three-fourths 

in  civil  cases,  unless 
libel,  criminal,  powers 


Labor 

blacklisting   prohibited 
prohibited 

prohibited,  except 
rights  of  labor  \<r 


Vrt. 
6 


12 
16 
12 
16 
16 


973 

1 


11 


2<> 


\2 


X 

9 

8 

7 

1 

12 

8 

9 

27 


10 
10 

m 
in 
IS 


1" 

4 
16 

1 

> 


ea 


16 

3 

16 

3 

16 

6 

16 

6 

974  INDEX  TO   CONSTITUTION 

Labor— Continued  Art.  Sec. 

legislature   shall  prohibit  employment  of  women. 

etc.,   in   mines,   etc 

contracting  of  convict,  to  be  prohibited 

eight  hours  a  day's  labor 

safety  and   health  provided  for 

Law 

actions,    review    on    appeal 

Laws 

no  law   respecting  religion 

due   process   of   law    

administered    without   delay 

ex-post   facto   law,   etc.,   forbidden 

granting    franchise   irrevocably,    etc.,    forbidden .  . 

of  general  nature,  uniform  operation 

private   or   special   laws,   enumerated,   forbidden.. 

existing    special,    repeal    

appeals  on   questions  of  law 

validity  of,  cases  involving,  appeal 

submitted   to  voters,   when 

uniform  for  counties   

relating  to  corporations   

Legislature 

legislative    department    

power  vested  in,  and  people 

may  regulate  right  to  bear  arms 

officers  not  liable  to  impeachment,  how  removed 

enumeration    

special,  forbidden,  if  general   law   applicable    .... 

restriction  upon  special  or  private  laws 

not  to  deny  certain  powers 

power  not   to   be   delegated 

not    lend    public    credit 

power  over  municipal  affairs  not  to  be  delegated. 

selection   capitol   site   not   to  be  delegated 

shall    provide    railroad     rates 

shall    provide    for    fees 

Liberty 

not   to   be   deprived   of,   except 1 

Libraries 

public,   exempt    from    tax 13 


1 

4 

1 

7.11 

1 

11 

1 

18 

1 

23 

1 

24 

6 

26 

6 

26 

s 

9 

8 

9 

6 

1 

11 

4 

12 

1.20 

S 

1 

6 

1 

1 

6 

6 

21 

<> 

26 

6 

26 

6 

26 

6 

26 

6 

29 

6 

31 

6 

29 

6 

29 

12 

IS 

21 

2 

INDEX    1"    CONSTITUTION  975 

Life  \>t. 

not  to  be  dep  except 1  7 

Mandatory 

visions  of  constitution  arc.  exceptions         ....  I  26 

Military  and  Militia 

subordination  to  civil  power 

dutj    "ii   election   day,   when 


Money 

public,  not  to  be  used   For  any  church. 

Statements,   public    money- 

public,   profit   out   of,   forbidden 


Municipal 

ers,  elected  as  provided  . 
powers  not  t"  be  delegated.. 


Office 

religious  qualification  to  hold 

rty  qualification  required  to  hold. 


Officers 

elei  eneral  election,  iirm  commences.... 



nt  it  liable  to  impeachment,  removal  of 

increased  allowance  by  special  law  forbidden.... 
mnty,   'tr   city,   extra   compensation    forbidden.. 
neligible   to   certain   city   office- 
Ordinance 

non-sectarian  schools   


1 

20 

4 

4 

1 

4 

13 

6 

13 

8 

4 

9 

6 

29 

Names 

special    law    changing,    forbidden i> 

Oath  of  Office 

all  officer-   to  take 4  10 


1 

1 

4 
4 

4 

9 

4 

in 

6 

21 

6 

26 

i. 

12 

17 

Penalties 

special    law    remitting,    forbidden    . .  6  26 

Pinkertons 

te   forbidden  ...         12  16 

Powers 

ernment,  three  departments 5  I 


976 


INDEX  TO    CONSTITUTION' 


16 

3 

16 

3 

19 

3 

1 

23 

6 

26 

Precincts  \rt  Sec. 

existing    recognized     

Press 

freedom   of    

criminal   libel    1  15 

Prison  and  Prisoners 

persons    imprisoned,    treatment    of 

convicts,  labor  cannot  be 

contracted    

limitation^  .         

state    prison,    location    

Privilege 

irrevocable,  not  to  be  granted 

special   law   granting,   forbidden 

Process 

of  law,  rights    

Property 

public,  not  to  be  appropriated  to  religious  uses.  . 
no   property   qualifications   of   voters,   except.... 

property    qualifications    of    voters,    when 

property  qualifications,  vote  to  increase  state  tax 
property    qualifications,    vote    to   incur   city,   etc., 

debt 

due  process  of  law 

for   public   use.   compensation 

of  U.  S.  exempt  from  taxation 

personal,   of   railroads 

taxation 

word   "property"  defined    

unexempted  uniformly  taxed   

Prosecution 

civil,    in    person    or    by   attorney    undeniable 

in    name    of  "The    State   of    Utah" 

Public  Buildings 

general   provisions    19  3 

Public  Debt— Limit  of 

counties,  cities,   school  districts 14  3, 4 


1 

4 

1 

4 

4 

7 

13 

7 

14 

3.7 

1 

7.  11 

1 

22 

13 

3 

12 

14 

12 

14 

13 

2 

13 

2 

1 

11 

8 

18 

INDEX    I -i  I    CONSTITUTION 

Public    Moneys  Art  Sec. 

annual  statement  of,  i"  be  published..  13  6 

making  i > r . » f  1 1  <>nt  of,  :i  felony             13  8 

Punishment 

cruel   '>r  unusual,   prohibited I  '' 

Mate,  counties,  not   t.>  buj    stock,  etc 6  31 

common  carriers,  legislative   power  over.  12  12  IS 

must  not  discriminate  12  12 

rates  to  be  fixed 12  IS 

rolling  stock  personal  property 12  14 

cution,  etc 12  14 

street  rai                msent  of  city 12  8 

no)                 ilidate,  when 12  13 

hritiL;   in    "Pinkertons" 12  16 

i-r-,  agents,  etc.,   when   ineligible  to  office..  12  17 

blacklisting   prohibited    12  19 

combinations,  prices,  etc.,  forbidden 12  20 

Real   Property 

S   exempt  from  taxation  13  3 

minors,   special   law    forbidden     6  26 

Referendum 

initiatn  e  and                                  I 

Religion 

right  to  worship    1  4 

religious   qualifications   not    required    t>>   voti 

hold   office    1  4 

union  of  church  and  state                      1  4 

public  support  of  ecclesiastical  establishment,  etc., 

forbidden  14 
public  support  of  eccesiastical  establishment,  etc., 

idden    10  13 

'man   o>ntr..| 3  4 

tions  not  required  "i"  teachei  In  12 

Rights 

enumerated  1  1-27 

1  12 

t"  b                in  person,  etc  1  14 

t.>  denj  "tlier-  1 

4  1 

1  -? 


978  INDEX  TO    CONSTITUTION 

Salaries  Art.  Sec. 

extra  compensation  forbidden 6  30 

state,  county,  etc.,  officers  paid   fixed 21  1,2 

Salt  Lake  City 

capital  and   state   fair,   location 19  3 

state  prison,  location 19  3 

School   Districts 

existing,  recognized   11  1 

Schools,  Public 

laws   for  maintenance  of 3  4 

open  to  all  children 3  4 

school  elections  held  as  provided      4  9 

free  from  sectarian  control 3  4 

system  shall  include,  what 1U  2 

common  schools  free 10  2 

high  schools   ire,  when 10  2 

support   10  2.  i 

board  of  education-,  control,  in  cities 10  7 

religious,  etc.,  qualifications  not  to  be  required..  .  10  12 

sectarian,  not  to  receive  public  moneys 10  13 

existing  school  districts  recognized 11  1 

property  exempt  from  taxation 13  3 

debts,   power   to   create 14  3, 4 

vote   to   create 14  3 

purpose  of  14  3,  5 

state   -hall  not  assume    14  6 

heretofore  contracted    14  7 

officers  paid  fixed  salaries 21  1,2 

keep  account  of  fees 21  1.2 

special  law   regulating,  forbidden 6  2(j 

Searches  and  Seizures 

unreasonable,  forbidden      1  14 

Search  Warrant 

issued  when   1  14 

Seat   of  Government 

located  at  Salt  Lake  City 19  3 

Seizure 

right  against  unreasonable 1  14 

Slander 

reputation,   remedy  for  injury  to 1  1 1 


INDIA    l<  >    CI  INST!  I  U  ll>  >\  979 

Slavery  \,i.  Sec. 

"T  involuntary    servitude   forbidden,   except   1  _'l 

Soldiers 

vote  .u  post  of  duty,  when 1  17 

subordination  to  civil  power     ...  1  20 

quartering  on  citizens 1  20 

Speech 

freedom  of,  guaranteed 1  15 

Special  Laws 

prohibited   in   certain   cases 

prohibited  in  certain  i  asi  -     

existing,  may  be  repealed 

not  enacted  when  general   law  applicable 


Statute 

appi  n  in\  ol>  ing  validity . 


Stock 

•  I   be   taken   bj                             .  etc. 
taxed,  when  


(. 

26 

1 

5 

6 

26 

6 

26 

State  Fair 

located  at   Salt    Lake  City 19 

State  of  Utah 

union  of  church  and  state  forbidden 

partments  of  state  power  

legislative  

legislate  e       



judicial    

judicial    

ficer  disqualified  to  hold  other  office 

debt  to,  shall  ni  >t  release 

claims  against,  for  extra  tees,  etc,  not  allowed... 
cn  to  private  enterprises. . 

escheat  property  to  go  to  public  schools 

11   not  aid  sectarian  schools 

property  exempt  from  taxation 

public   debt,   by   taxatioi  

it  \ .   conn!  i.t       

public  w<  >rk^.  day's  labor 

public   institutions   maintained,    location.... 
capital  located  at  Salt  Lake  City 


1 

4 

5 

1 

S 

1 

6 

31 

3 

1 

5 

1 

8 

27 

5 

1 

6 

27 

6 

30 

6 

31 

Ki 

.1 

10 

1.? 

1.; 

3 

13 

j 

14 

(. 

16 

i. 

19 

.1 

19 

3 

8 

9 

6 

31 

13 

2 

980  INDEX  TO    CONSTITUTION 

Succession 

prohibition  against  special  laws  concerning 

Supreme  Court 

part  of  judicial  pi  iwer  i  if  state 

justice  disqualified,  procedure 

judicial  power  of  state   vested,  where 

absence  of  judge 

courts   inferior   to,   may    be   established 

party  may  appear  before,  in  person  or  by  counsel. 

Taxes  and  Taxation 

pri  iperty  i  if  U  S.  exempt 

special   tax.   property   qualifications 

special   tax.  property  qualifications 

special   state   tax,   property  qualifications 

special  tax,  county,  etc.,  property  qualifications.. 

110  property   qualifications  to  vote,  except 

no  property  qualifications  i,     vote,  except 

property     qualifications,     election     for     creating 

county,   etc.,   debt    

prohibition  against  special  law  concerning 

high   school-,   support 

personal  property  of  railroad-   subject   to 

fiscal    _\ear    begins    January    1 

all   property   not   exempt    shall   be   taxed 

"property"    defined     

situ-   of   taxation 

corporations,  stock  not  to  be  taxed,  when 

annual  tax  for  expenses  and  state  debt 

rate   equal   and   uniform    

valuation  just    

deduction  of  debits  from  credits,  when 

canals   not    to   be   taxed,   when    

-late   -hall   not   tax   for  any  county,  city,  etc 

for   any   county,   city,   etc 

public  moneys,  statement  published 

rate  of  -late,  never  to  ex  Cecil  eight   mills 

not   to  exceed   fi mr  mills,  when 

not    to  exceed   five  mills,  when 

may  be  raised  b\    \  •  ite 

corporations   and   persons   subject   to    

in  proportion   to  property 

franchises,   stocks,  money,   etc.,   taxed 

credits  and   all   property  taxed 


Art. 

Sec. 

0 

26 

8 

1 

S 

13 

8 

1 

8 

27 

8 

1 

1 

11 

13 

3 

1 

4 

4 

7 

14 

3 

14 

3 

1 

4 

4 

7 

14 

3.7 

6 

26 

10 

2 

12 

14 

13 

1 

13 

2,10 

13 

2 

13 

10 

13 

2 

13 

2 

13 

3 

13 

3 

13 

3 

13 

3 

13 

5 

13 

5 

13 

o 

13 

7 

13 

7 

13 

7 

13 

7 

13 

2-10 

13 

3 

13 

2 

13 

2 

INDEX  T<  »    C(  >NS  N  rUTK  IN  981 


Taxes  and  Taxation — Continued 
mptions 

mortgages  exempt  

taxes  of  indigent,  remission    

public  debt  limited  by  tax  valuations. 


University  of  Utah 

ition  and  establishment  confirmed, 
existing  laws  concerning  confirmed.  . 

its,  franchises,  etc  .  perpetuated 
not  required  of  teachi  •  


Voters 

religious  qualifications  not  required 

r  rt>  qualifications  not  required,  • 
property  qualifications  not  required,  except 

propert)  qualifications,  when  required 

property  qualifications,  when  required 


Voting  Machines 

pr<  ihibited,  e 


Waiver 

jur%  il  cases  unless  demandi 

Warrant 

nly  on  probable  cause  and  upon  oath. 

Water  and  Water   Rights 
municipal  corporation: 
may   exchange 
reas 


Art. 

Se( 

13 

3 

13 

3 

13 

3 

14 

3.4 

Township 

affairs,  special  la«  a>  to  Forbidden 6 

Trial 

accused  persons,  right 

•  ■il  appeal  from  justice's  court,  final,  except 

disqualification   of  judge .-. 

twice  p>r  same  i iffense 

by  jur)  


1 

12 

8 

9 

s 

13 

l 

12 

l 

10, 12 

Trusts 

prohibited     12  20 

United  States 

propert)  exempt  from  taxation 

ilified  elector-  must  be  citizens  of 


13 

3 

4 

5 

in 

4 

10 

4 

10 

4 

10 

12 

1 

4 

1 

4 

4 

7 

14 

3.7 

13 

7 

1 

14 

11 

( 

11 

6 

11 

6 

982  INDEX  TO    CONSTITUTION 

Water  and  Water  Rights — Continued  Art.  Sec. 

ditches  exempt  from  taxation,  when 

city  may  incur  indebtedness  for 

existing  rights  confirmed   

Witnesses 

religious  qualifications  not  required 

accused  entitled  to,  and  to  be  confronted  by 

husband  or  wife  as  witness 

defendant  need  not  be 

Women 

rights  of  suffrage 4 

Writs 

supreme  and  district  courts  may  issue 8 

Year 

fiscal,  begins  January   1 13 


13 

3 

14 

4 

17 

1 

1 

4 

1 

12 

1 

12 

1 

12 

INDEX  TO  LAWS  OF  UTAH 


Abatement  Sec. 

of  nui  4278 

Absence 

it)  judge  from  state,  forfeiture  686x4 

ildge,    forfeiture   of  office.   Con.    Art.   8,   Sec 27 

Abstract 

•  nrt.  filing,  lien   ..  686x19 

Acceptance 

of    free    pass,   etc.    222 

Accessories 

who  arc    4074-4075 

re   the   fact  are   principals    4074 

resident,    punishable    here    4072 

Account 

against   city    230 

■  urt  against  county  for  fees   686x25 

public,    falsifying,    penalty    4315 

Acknowledgment 

of  plats  and   subdivisions    2013-2015 

ctive,    cured    2007-2010 

Acquittal 

under   city   ordinances,   when   not   bar    208 

Action 

ind   .ik'.iin-t   city  or   town    180-312-313 

commenced  bow,  in  city  court    .  uv(,sl4 

limn  28S6 

under    city    ordinance,    title,    etc 208-210 

official   bond  1685 

Adulteration 

.  . .   4290x 

Adverse  Possession 

what  constitutes,  limitations  2866x 

inst    i  citj .  etc  ...   2866x 


All.  | 

■ 

Anni  ■ 

An-  ■ 

(i- 

Ap|  . 

Aft 

*W4 


1 


• 


986  INDEX  TO    LAWS    OF  UTAH 

Arrest — Continued  Sec. 

i  .nicer   refusing  to   make,   penalty    4138 

under  pretended  authority,  a  crime   4140 

weapons  may  be  taken   from  person  arrested,  disposal....     4647 
receipt    given    for    money    or   property    taken    from    person 

arrested    5122 

inhumanity  to  arrest  person  a  crime   4141-4143 

resisting  officer  a  crime   4081-4142 

Assault 

by  officer  under  color  of  authority  4143 

and  battery,  cities  to  punish    206x49 

limitation,   criminal  action,   two  years    4602 

Assayers 

city  may  regulate  business 206x38 

Attachment 

garnishment.     See   garnishment    3113x 

Attempt 

to   escape,   assisting   prisoners    4116-4118 

to  rescue  person   in   custody,  penalty   4112 

property  in  custody,  penalty    41 13 

Attorney,    City 

election    abolished     213 

appointive    office     214 

duties  on   appeal   to  district   court    212x6 

term     215 

Attorneys  and  Counselors 

practice  in   city  court   686x27 

who    may    act    in    city    court     686x27 

Auditor 

to  certify  bonds  and   warrants    146 

to   certify   bonds   and    warrants    147 

to  certify  bonds  and  warrants    148 

to  certify  bonds   and   warrants    149 

qualifications     183 

how   chosen    184 

in   case  of  vacancy   to   vote    197 

in   case  of  vacancy  in   office,   appointment    197 

oath,  bond  216 

salary     225 

duties     230 

financial   statement   to  be  published    231 

ni  imination    and    election    913 


INDEX  TO    LAWS    01    UTAH  987 

Authority 

unlawful  arrest  under  color  of   4140 

assault  In   officer  under  color  of   414.1 

Automobiles 

cities    may    regulate    speed     206x38 

ding   on  highways,  etc 4296 

Avenues 

in   cities    206x8-255 

dedication    <>i  2014 

Bail 

commissioners,  in   cities,  duties,  etc 249-251 

Ballots 

see  elections. 

Banks 

citj   may   license,  tax  and  regulate   206x38 

Bar 

of   action   against    city   for   damages   by   failure    to    present 

claim    312-313 

^  lie ii  conviction  or  acquittal  under  city  ordinance  not  a  bar       208 

Battery.     See  assault    206x49 

Befouling  Waters 

a   misdemeanor    4274 

bj    sheep  washing  in  stream   4274 

by  maintaining,  corrals,  etc.,  near  streams  4274 

by  placing  i iffal,  etc  .  in  stream  4279 

Begging 

cities    may    punish     ...  206x53 

Bell 

■ : lure  to  rink',  penalty !"'' 

Bicycle 

in  cities  206x29-206x73 

Births  and  Deaths 

ide   for  registration    206x66 

Blacklisting 

ibited,  punishment,  Con    Art    12.  Sec.  19;  art.  16,  Si 


988  INDEX   TO    LAWS    OF  UTAH 

Board  of  Commissioners  Sec. 

of  public  works   286 

of  public  works  abolished   201 

municipal  government  voted  in  board  of  five  commissioners  182 
board  to  consi-t   of  mayor  and   tour  commissioners  in  cities 

of   the   first   class    182 

board    to   be   known    as    board   of   commissioners 182 

board    to    exercise    discharge    and    have     duty,     powers     of 
mayor,  etc.,  shall  be  successors  in  office  of  mayor  and 

city  councilmen    182 

qualifications   of  commissioners    183 

how    chosen    184 

all    powers    of    mayor    vested    in    board    18S 

premium    of   bond    to    be    paid   by    city    216 

board    may    require    additional    bonds    218 

all  bonds  to  be  filed  with  the  recorder   218 

commissioner  not  to  be  interested  in  contracts   222 

commissioners  not  to  accept  franks,  free  service,  etc 222 

salaries   of   mayor   and   commissioners    225 

salaries  to  be  paid  monthly    225 

salary   of   mayor    225 

board  of  equalization   to   be  appointed    265 

terms   of  mayor  and  commissioners    887 

election    of    mayor    and    commissioners 887 

commissioners    to    hold    office    until    successors    elected    and 

qualified 887 

powers    of    board    20(1-206x87 

may  require  tracks  of  railway  to  be  removed   206x 

may    require    gates     , 206x1 

may  condemn,  purchase  or  lease  water  works   206x2 

limitation   on   power  of  board    206x3 

power  to  be   enforced  by  ordinances   207 

may  appoint  directors  of  public  library   1361 

may   fix   amount   of   liquor   license    1242x7 

may    enact    further    restrictions    on    liquor    traffic     1242xd8 

may  make   rules    198 

may  expel  member  198 

may   assign   person   to  one   or  more   departments    201 

may  make   rules  and  regulations   201 

board    to    be    elected     213 

when  ordinances  to  take  effect    205 

publication    and    proof   of   ordinances    205 

tenure   of   elective    officers    213 

elective  officer  to  file  sworn  statement  of  election  and  cam- 
paign   expenses    213 


IX I  MX    I'n    LAW'S    OF  UTAH  989 

Board  of  Commissioners     Continued  Sec. 

upon  failure  so  to  do  office  vacant   213 

failure  so  to  do,  guilty  of  misdemeanor  213 

board  of  commissioners  shall  appoint  city  officers   214 

may    create    offices    214 

prescribe  powers,  duties  and  compensation   of  officers....  214 

may  appoint  all  agents  provided  by  law 214 

may  till  all  vacancies    214 

appointive  officers.     Terms    215 

may  be  removed  by  board   215 

hold  until  suci                 re  duly  appointed  and  qualified 215 

all  o                   subscribe  to  oath  of  office,  to  give  bond....  216 

bond  of  mayor    216 

d  of  commissioner  216 

bond  of  auditor  216 

bond  of  officers  generally   216 

vacancies    in    board    or    auditor    to    be    filled    by    appoint 

ment   of  board    197 

in   ease   of   failure   to    fil  I    for    thirty   days, 

auditor    shall    -it   and    vote    197 

mayor    shall    be    chairman    of    board    199 

mayor  shall   preside  at  all   meetings    199 

mayor  shall  have  the  right  to  vote  upon  all  questions 199 

in   ea-e   of  absence   or   inability   of  mayor  to  act.   board   to 

select  a  commissioner  to  act  as  chairman  199 

power-  and  duties  "f  board  199 

may    enforce    attendance    of   witnesses    199 

production  of  bonks  and  papers    199 

administer  oaths   199 

three  to  constitute  quorum,  no  act  valid  or  binding  unless 

three    concur    199 

and    nay-    to    be    called    and                 ed    199 

■.  motion  and  resolution  or  ordinance  reduced  to  writing  199 

r   in   mayor    199 

mayor   to   sign    every   resolution    or   ordinance    passed 199 

■     temporary   chairman,   or   by   two   commissioners..  199 

ordinance-  and   resolution-   to  be   recorded   before   in    force..  199 
rithly    pamphlet    to    be    printed    to    detail    and     itemized 

.11  receipt-  and  disbursements   199 

■militarize  proceedings  and  expenses   durit  ding 

month    .                       !"'' 

trnish  printed                   newspapers  anil  to  applicants. .  199 


63 


990  INDEX  TO    LAWS    OF  UTAH 

Board   of   Commissioners — Concluded  Sec. 
each    year    to    cause    complete    examination    of    books    and 

accounts  of  the  city  199 

to  publish  result  of  examinations  of  accounts   199 

to  prescribe  time  and  place  of  holding  meetings   201 

at  least  four  public  meetings  a  week,  when  meeting  to  be 

held   in    the   evening    201 

special  meeting  to  be  ordered  by  majority  of  board,  or  by 

mayor   or    temporary   chairman    201 

order   to   be    signed   by   members,   or   mayor,   or    chairman 

calling    meeting     201 

order  entered  in   minutes    201 

three    hours'    notice    of    special    meeting    to     be     given     by 

recorder     201 

notice   to  be   served   personally,   not   less   than    three  hours 

before   meeting    201 

notice  to  be  left  at  usual  place  of  abode  of  member 201 

all  meetings  to   be   public    201 

private   meetings   may   be   held    201 

books,  records   and   accounts  kept  at   recorder's  office 201 

open   for  public  inspection  at  all  times    201 

board    may    make    and    enforce    rules    and    regulations    for 

its   government    201 

for   the   preservation    of   order    201 

for   the   transaction   of   business    201 

board    shall    have,    possess    and    exercise    all    executive    and 

administrative   and   legislative   powers    201 

powers  shall  be  distributed  among  five  departments 201 

board  shall  designate  superintendent  of  each  department..  201 
shall  determine  powers  and  duties  of  such   superintendent. 

of  all   officers   and   employes    201 

Boiler 

inspection,    cities    may    provide    for    206x60 

Bonds 

Official: 

to  run   to   whom    1682 

security    to    whom     1683 

who   may   maintain   action    on    1684 

successive    actions    on     1685 

cover  duties  required  by  new   law    1686 

defects,  do  not  avoid,  when    1686 

of  city   officers    206x84,  216,  218 

exercising  office  without  giving,  a  crime   4077 


INDEX  TO    LAWS    OF  UTAH  991 

Bonds    Continued 

Generally:  Sec. 

on   appeal,   city  court    686x17 

jurisdiction  of  city  court,  in  actions  on   686x10 

city,  power  to  issue  206x6-x7     , 

for  paving,  etc 260.  261,  263,  272 

water,  light,  -ewer   308-310 

certification  of   146-149 

sinking    fund-    may    l>e    invested    in    2063x19 

not  required  of  city  3495 

Books.  See  records 

city  officer  to  give  to  successor   220 

officer  failing  to  transmit  to  successor,  penalty   4087.  4088 

tee.   officer   to  keep    1023 

public,  larceny  or  mutilation,  penalty    4119 

public,  falsification,  etc 4087.  4119,  4315 

bookmaking,   etc 4261 

Boundaries 

cities  ami   towns,  on   formation    169 

extension    287 

restriction    288-292 

map   to  be   filed    196 

■  \\  erse  possession  as  against  city,  etc 2866x 

Brands 

on   estrays   and   trespassing  animals    35 

Breach  of  the  Peace.     See  Peace. 

Breweries 

cities  may  license,  tax  and  regulate  206x38 

Bribe 

defined    4053 

corruption  of  executive  officers   4079-4086 

corruption  of  judicial  officers   4104-411 1 

offering  or  gi\ing  to  influence  voter,  or  receiving  same 892 

city    officer   accepting,   penalty    2-'.' 

to  juror,  penalty   41lM 

Bridges 

in   citir~,  construct   repair    206x36 

Broker 

eitic-  may  license,  tax  and  regulate    206x38 


992  INDEX  TO    LAWS    OF  UTAH 

Building  Sec. 

public,    not    subject    to   mechanics'   liens    1399 

powers   'it'  city  council  as  to    206x55x72 

Burial 

of    indigent    dead    by    city     206x78 

rights,  certificate  issued  to  whom    632x6 

transcript   recorded    632x7 

Butcher 

burning   offal,   etc..   near    town,    penalty    4279 

placing  carcasses,  etc.,  in  stream  or  highway,  penalty   4279 

Canals 

in  cities,  ci  m -true t.  repair  206x15.  279 

what  exempt   from   taxation .     2503 

Candidates 

see  elections    887-913 

Capital 

of  state,  at   Salt   Lake  City Con.  Art.   1°.  Sec.  3 

Cemetery 

exempt   from   execution    2503 

city,    purchase,    control    206x65 

plats  of.  tiled   632x5 

certification    of    burial    rights,    to    whom 632x6 

transcripts    recorded    632x7 

Census 

city  may  take    206x71 

Certificate 

of  burial  rights  in  cemetery   632x6 

that    bond.    etc..    is    within    debt    limit    146-149 

attached  I"  public  documents  and  judicial  records,  evidence     3392 

of  juror-,   a   felony   to   falsely    certify    1030 

to   be    presented    within    a    year    1032 

who   may   not   purchase    1031 

of   election,   city   or   town    891 

Change  of  Name 

of  person,  city.  etc..  procedure    1545-1547 

Change   of   Venue 

city  court   generally   686x30-686-33 


[ND1  X    rO    I  AWS    01    U  I' All  993 

Charters  Sec. 

of  cities  and  t"«  ns  repealed,  effect  311 

ial  municipal  charters  forbidden   

Con     Ut.  6,  Se<    26;    \u    11.  Sec.  5 

eral  city  charter.     See   Cities    169-298 

Chattel  Mortgage 

iosure   bj    action: 
in  city  court    686x12 

Cheats  206x53 

Children 

employment  in  mines  forbidden,  Con    \n    16,  Sec  3 1338 

rity    1541 

selling  to)    pistols  to,  penalty   4281 

Christmas 

a  legal  holiday    1145 

Churches 

-  of,  t..  swing  outward  4299: 

Cities 

act    for   incorporation    169-313 

i-    uinlcr   city   ordinances,  jury    686x18 

tor  rejected  claims,  within  one  year   2881. 

.,    possession  of  streets,  etc 2866x 

-i    without    warrant    247 

ssments,  special  taxes   255  282 

attorney,  appointment,  term  of  office   213.  214.   215 

appeals    to    district    court     212x6 

auditor,    duties,    report*    230 

annual  financial   statement    231 

bail   commissioners,   appointment    2+' 

duties,  etc 24"  249x 

ommissioners 

houndaries   on   incorporation    169 

wards,   change    181 

tition,  proceedings    287 

restriction,  petition,  proceedings  288 

commissioners  to  adjust   term-    289 

■   court    .  290 

•  ler    tax    levy  2^1 


994  INDEX  TO    LAW'S    OF  UTAH 

Cities — Continued 

Charters:  Sec. 

general    to   be   provided    Con.    Art.    11,  Sec.    5 

repeal,  effect  generally   311 

upon   ordinances    311 

upon  rights,  officers    311 

Claims: 

audited  by  city  auditor    230 

for  damages,  presentation  in   thirty  days    312 

barred   if   not    presented    313 

presentation,    other    items,    one    year     312 

action    on,    within    one    year    2881 

Class: 

designated    when    organized    170 

three    classes    1 74 

change    of    175 

proclamation    175 

effect     175-179 

judicial    notice     1 76 

legal  results    177 

ordinances   178 

officers  not  affected    1 79 

Constitutional  provisions  concerning: 

see    Index   to    Constitution   under   title    Cities. 

Contracts: 

of  board  of  public  works,  approval    286 

officers   not    to   be   interested   in    222 

interested  in,   penalty    223 

recorder   to    countersign    229 

for    improvements,    awarded    313x1 

city    liable    1400x 

Costs: 

on  appeal,  city  to  pay    212x7 

Board   of   commissioners,   general   provisions: 

member  not  to  hold  created  office   226 

qualifications    183 

how  chosen  184 

election    887-891 

vacancies,   how    filled    197 

compensation  not  changed    22S 

expulsion    of    member    198 

to    determine    rules    of   proceedings    198 


INDEX    rO    I  AWS    OF  UTAH  995 

Cities— Continued  Sec. 

Board   of  commissioners,   general   provisions 

reconsideration   of  vote    203 

reports  when  deferred   204 

government,   first   class   citii  :s    182 

meetings,  majority  is  quorum  201 

time  and   place   prescribed    201 

;>i   least  four  each  week   201 

special   call,   notice    201 

to  be  public    202 

journal    202 

\ ■■■tin.  i.l  nays  202 

ial,   rescinding  vote    203 

committee   reports    204 

itntment  and  removal  of  officers    214.  215 

Board  of   commissioners,   powers   of: 

advertising,    regulate    206x38 

advertisements   in   streets    206x25-26 

alleys,  etc..  lay-out,  etc 206x8,  255 

regulate    use    of    206x10 

no  adverse   possession   ol    2866x 

animals,  cruelty  to,   punish    206x62 

fastening,    prescribe    206x83 

at   large,   impound    206x67 

appropriate   money    206x2 

arrest  vagrants,  etc 206x51 

artesian   wells,  obtain  and  maintain    206x18 

ashes  deposit  of,  regulate    20 

assault  and  battery,  punish  206x49 

I  ers,   regulate    206x38 

automobiles,    regulate    206x38 

■•ue-.  lay  out    206x8 

bath  houses,  construct   206x14 

regulate     J 

hank-,    regulate     206x38 

barber    -hup-,    regulate    206x38 

bawdy   houses,  suppress  206x40 

bell    ringing,    etc  .    prevent     206x82 

begging,    punish    206x53 

bicycles,  regulate 206x29,38,73 

birth  provide  for 206x66 

boarding   housi  -  206x38 

instruction       206x56 

inspection,  provide  for  206x60 


996  INDEX  TO    LAWS    OF  UTAH 

Cities — Continued  Sec. 

Board  of  commissioners,  powers  of: 

bonds,    issue    206x6.  7 

pay   interest    206x6 

officers',  approve,  etc 206x84 

district    paving,    etc.,   issue    260 

curbing,   etc.,   issue    263 

limit   of   debt Con.   Art.    14.   Sees.   3,   14.  272 

for   water,   etc 308-310 

auditor   to   certify    146-149 

bonfires,   prevent    206x59 

borrow    money    206x6 

breweries,    regulate     206x38 

bridges,   construct   and    repair    206x36 

regulate  use    206x36 

brokers,    regulate    206x38 

building,    public,    erect    206x5,  61,  72 

care  of    206x72 

regulate     206x54,  55 

destruction    206x54 

canals,  obtain  and  maintain   206x18 

catcb   basins,   construct   and   maintain    206x37 

cemetery,   purchase    206x65 

control     206x65 

indigent  dead,  bury    206x78 

census,  provide  for  taking    • 206x71 

cesspools,    regulate    206x37 

children,    indigent     206x79 

chimneys,    regulate    206x56 

coal  oil,  storage    206x59 

combustibles,  regulate  storage   206x54.  59 

lumber,    regulate    keeping     206x74 

contracts  tor  public  improvements    313x1 

cruelty   t.>  animals,  punish    206x62 

curbs  and  gutters,  provide    206x24 

bonds    263-66-79 

dead,    burial    of    206x65 

deaths,    record     • 206x66 

debt,    fund    floating    1067,   1068 

limit  Con.  Art.  13,  Sees.  3,  4 

debts    and    expenses,    pay     206x2 

depot    site,    may    grant     313x 

ditches,  obtain   and   maintain    206x18 

■  li-c.i-es.   contagious,   prevent    206x64 


INDEX  T<  '    LAWS    OF   UTAH  997 

Cities     '  i  mtinued  Sec. 

ommissioners,  pow  ers 

induct,  prevent   20<>\4'> 

houses,    suppress    206x40 

districts,  t:i\,  create,  etc 206x16 

disturbing    peace,    punish    206x49 

dogs,  license,  etc 206x68 

drains,  construct,  etc 206x37 

draymen,   regulate    206x38 

duties  "i"  i ifficers,  define   Ill 

educate   destitute   children    206x79 

elections,   appoint    judges    890 

canvass    votes    891 

electricity,  bonds  for  308  310 

electricity,  franchise   206x  19 

meter,  rent   206x20 

inspection    20      I 

and  wires  206x20 

regu'  206x20 

works  for   206x14 

engineers,   examination    206x60 

licensing    206x60 

estrays,  etc.,  impound  35    206x67 

explosives,    -torage   of    _'i)<>\?') 

express  companies,  regulate  206x38 

fighting,    punish    2(*>\4|).  xS2 

finances,  control   206x1 

tire  apparatus,  provide  206x58 

arms,    carrying,    prohibit    206x50 

icharging,  punish   206x49 

irtment,    provide    206x59,  2Slx-2Slxll 

prescribe    206x55 

ctinguishment,  provide  for  206\.;s 

'.unit-,  define   2iv.x 5-4 

places,  etc.,  regulate    206x57 

« .>rk~.   regulate    206x40 

banners,  etc 206x27 

franchise   tor   lighting,   grant    ' 

..rant    .' 206x32 

206x40 

games,    certain,   regulate    206x39 


998  INDEX   TO    LAW'S    OF   UTAH 

Cities — Continued  Sec. 

Board  of  commissioners,  power  of: 

gas,  bonds  for   308-310 

connections     271 

constructions     206x14 

franchise    206x19 

mains  in   streets    206x13 

meter,   inspection    206x20 

rent     206x20 

regulate    sale    206x20 

gunpowder,  etc..  storage    206x59 

gutters,   bonds   for    263 

regulate,  etc 206x24.  48 

hackmen.   regulate    206x38 

handbills,    distribution,    etc..    regulate    206x26 

health,   create   board    206x64.   1 105 

secure   206x64 

hospitals,  purchase  land  for   206x65 

hotels,  regulate   206x38 

houses,  numbering  206x30 

disorderly,    suppress    206x40 

of  ill   fame,   suppress    206x40 

inspection,   boilers    206x60 

provisions     206x45,  47 

weights,    etc 206x47 

jail,  keepers  of   206x61 

provide     206x61 

use   of  county    206x61 

junk   stores,   regulate    206x38 

jurisdiction  over  water  supply   206x15 

labor,  prisoners  to   206x51 

larceny,   petit,  punish    206x49 

laundries,    regulate     206x38 

lease,   property    206x2 

waterworks,   etc 206x14.   18 

libraries,  establish,  maintain    206x76.  1360 

license  vocations   206x38,  39.  41.  86 

dogs    206x68 

engineers    206x60 

fix    206x4 

liquor    206x41 

revenue    206x86 

uniformity     206x86 

lighting  bonds,  issue    308-310 


INDEX    ITO     I    \W  -    OF    UTAH  999 

Cities — Continued 

Board  of  commissioners,  powers  of: 

lighting  city,  provide  tor  206x14,  19,  20 

lights,  in  stables,  etc 206x59 

liquor,    license     U   Chap.  44 

inspection    206x80 

regulate  sale  206x41 

liverj    stables,  regulate    , 206x38 

ncies,  regulate  206x38 

lotteries,  suppress    206x40 

lumber,  piling,   etc..   regulate    206x74 

manholes,  construct,  etc 206x37 

manufactories,  dangerous  206x56,  57 

regulate  206x69.  70 

markets,   establish    206x42 

regulate     206x43.  46 

measures,   sealing    206x46.  4" 

merchants,  regulate   206x38 

mill    privileges,    regulate    206x17 

money,  borrow    206x6 

money,  obtaining  under  false  pretenses  prevent,  when ...  .206x49 

name  streets,   etc 206x31 

nuisance,   declare    206x63 

offensive   trades    206x70 

keeping  of  pigs   206x70 

rail*  ay   tracks    206x,  206x33 

-tables     206x70 

numbering  houses  and  lots    20t>\.iii 

obscene  writings,  prohibit   206x40 

offenses,  punish,  limitation    20 

office,  create  necessary   206x85 

reports    206x84 

ordinances,  enforce    206x87 

pass     206x87 

nances"  here  under  punishments   206x87 

packing   houses,   etc.,    regulate    206x69 

parks,  lay  out    

adv(  ssion  of  2866x 

pavii  .  <-tc 255-282 

pawnbrokers,    regulate ....206x38 

peddling,   regulate    206x38 

petit    larceny,    punish  20i 


1000  INDEX  TO    LAWS    OF  UTAH 

Cities — Continued  Sec. 

Board  of  commissioners,  powers  of: 

photographers,    regulate    206x38 

placards,   etc 206x26 

plats,  approval,  etc 2013-2020 

vacating    2016-2020 

plumbing,    regulate    206x48 

police  -and   fire   departments    251x-251xlO 

pound,  establish    206x67 

keeper     206x67 

processions,  regulate   206x77 

profanity,   punish    206x52 

property,    control     206x1.  2 

prostitution,    suppress     206x40 

provide  board  of  examiners  of  plumbers    206x48 

provisions,   regulate   sale    206x43.  44,  47 

inspection,   provide    206x44 

punishments    under    ordinance    206x87 

quarantine  laws,  provide    206x64 

railways,   changing   grades    206x33,  35 

construction    206x14,  206x35 

crossings,    etc 206x34 

declared  a  nuisance   206x33 

drainage,   etc 206-35 

flagmen    206x35 

franchise    206x32 

gates,    required    206x1 

roads,  conform   to  grade   206x35 

required  to  fence   206x34 

speed,  etc 206x29 

railways,   pave   intersections 259 

pave  and  repair 2d(>-27ll 

consent  to  use  streets 4.i7 

regulate  certain  vocations  206x38,  39 

liquor   traffic    206x41 

markets    206x42 

officers   206x85 

reports,  officers  206x84 

reservoirs,  obtain  and  maintain ; 206x18 

restaurant  5,  regulate  206x38 

riot,  prevent    206x44 

second-hand  store-,  regulate   206x38 


INDEX  TO    LAWS    OF  UTAH  1001 

Cities   -Continued  Sec. 

Board  of  commissioners,  powers  of: 

sewers,  build,  repair 206x13,  .f",  255 

nnections   -"1 

regulate  206x48 

bond  to  construct  508  310 

sidewalks,   layout,   etc 206x8,255  282 

bstructions    206x11, 22 

paving,  etc -'55  282 

regulate  use   206x22 

traffic    206x28 

signs,  etc 206x25 

sinking  fund,  invest  in  bonds 2063x19 

-katinv;  rinks,   regulate 21 

smelters,  regulate  206x38 

206x38 

street,  change  of  grade 255-282 

curbs  and  gutters 206x24,  255  282 

-.  etc.,  in 206x73 

ige,  etc -'iKin-'.! 

handbills,  etc 206x25,  26 

ut,  <-to 206x8.255 

lighting,  etc 206x12,20 

sprinkling,  etc 206x12 

naming,  tt >• 206x31 

uctions 206x11,  23 

placards,  etc 206x26 

plant  trees  in 

and  wire 

processions,  regulate   206x77 

railroad  crossings  206x34,  35 

flagmen 206x35 

in  street.   206x32,  33 

nsent  to  use 437 

regulate  use   206x10,  -'5 

riding  and  driving 

banners   206x27 

provide   for 206x81 

trait'  ipon 21 

mains,    etc 206x13 

rep..  

chai  -  



swindlers,  punish  


1002  INDEX  TO    LAWS    OF  UTAH 

Cities — Continued  Sec. 

Board  of  commissioners,  powers  of: 

tax,  certain  vocations 206x38.  39 

districts,  create    206x16 

d"gs    206x68 

private  business  206x80 

street,  to  provide 206x81 

to   be   uniform 206x86 

library   1360 

levy   and   collect 206x3,253,255 

for  water   206x17 

lien  on  water  rights 206x17 

for  repairs  of  pavement 280 

telegraph  poles,  etc.,  regulate 206x20,  25 

telephones,  construct,  etc 206x14 

poles,  etc.,  regulate 206x20.  25 

theaters,  regulate    206x38 

ticket  scalpers,  regulate 206x38 

tracks,  regulate  laying  of 206x32 

order  removal   of 206x.  206x33 

tramps,  punish   206x53 

trees,  plant,  etc 206x9 

trespass,  punish  206x52 

tunnels,  construct  and  repair 206x36 

regulate  use    206x36 

vagrants,  punish  206x51 

viaducts,   construct  and   repair 206x36 

regulate  use 206x36 

voting  machines,  provide 868x3-868x6 

care    for    868x6 

warrants,  issue   206x6-230 

water,  bond  for 308-310 

o  'imections    271 

control  courses   206x17,  279 

fix  rate    206x21.279 

mains  in  streets 206x13 

purchase  or  lease 206x18 

regulate    sale    206x21 

condemnation  proceedings   for 206x2 

water  works,  construct,  etc 206x13.  14,  15 

jurisdiction  over   206x15 

lease    206x14.  18,  75 

protect    206x15 

purchase   206x75 

special  tax  to  maintain,  etc 279 

unlaw  ful  to  purchase  or  lease  less  than  whole 206x3 


INDEX  TO     LAWS    OF  UTAH  1003 

Cities — Continued  Sec. 

ommissioners,  powers  of: 

weapons,  >!.    regulate    carrying 206x50 

weights,  etc.,  sealing  206x46, 47 

Court: 

City  Court 686x-686x36 

Dama  [ 

change  of  grade,  liability  of  city 282 

for  negligence  of  city,  claim,  presentment,  bar 312,313 

Deeds: 

of  rnayoi  -  validated 2007-2010 

Disin  corporation: 

petition,  notice  of  i                293 

canvass  of  vote 294 

judgment   of  court 294 

claim*,  notice  to  file 294 

who  may  defend 294 

adjudication    294 

reconls.  etc.,  deposited  county  clerk 296 

taxes  levied  to  pay  debts 295 

notice  of  disincorporation  published _">7 

paid  by  city 298 

powers  of  court 295 

Election: 

for  organization   170  172 

officers   172 

notice    1 70 

lisincorporaiii  in 294 

general  municipal   887-891 

■     •  sir.  821,890 

biennial   887 

terms  of  officers 887 

qualifications  of  ■  889 

is,  appointment 890 

general    law    governs 890 

canvass   891 

891 

tie  vote  891 

Fngip 

••  of  record 

•  >dian    of   documents  244 

supplies  for  .  


1  "i »4  INDEX  TO    LAWS    OF   UTAH 

Cities — Continued  Sec. 

Engineer: 

record  drawings  and  documents   244x1 

fee  paid  before  papers  filed 244x2 

seal    244x^1 

not  to  conflict  with  other  offices 244x4 

penalty  for  failure  to  comply 244xS 

Fiscal  year: 

begins   wlu-n 252 

Fines: 

how  recovered    208 

mayor  may  remit 189 

to  be  paid  into  treasury 209 

in  appealed  cases 4921 

imprisonment  until  paid 210 

credit   convict    labor 211 

limitation   upon    206x87 

<  '•'  i\  ernment: 

vested  in  mayor  and  four  commissioners 1S2 

see  "mayor"  and  "commission"  herein. 

Incorpi  iratii  in : 

general  charter  to  be  provided Con.  art.  11,  sec.  5 

petition  for   169 

duties  of  county   commissioners 169,  1/0 

class  designated   ." 170,  171 

name    169 

boundaries 170 

jurisdiction    under    ordinances 206x87 

city  court.     See   City  Court 686x-686x36 

Limits: 

extension,   petition,    proceedings 287 

ordinance  declaring    287 

plat  recorded    287 

restriction,    petition,    proceedings 28S 

c<  immissioners  adjust  terms 289 

report   290 

decree   of  court 290 

recording    costs 292 

court    may    order    tax    levy 291 

Map   of  city: 

to  be  filed        196 


INDEX  TO    LAWS    OF  UTAH  1005 

Cities     Continued 

Marshal:  Sec. 

and   pi dice    245 

Mayor: 

how  chosen    1N4 

tion    213.887 

qualifications    183 

when  not  to  hold  other  office 224 

incy,  how  filled 197 

removal  from  city  vacate  office 187 

deeds  by,  under  townsite  act 2701 

lintive  power  21-4.  249 

may  forbid  sale  of  liquor,  when 1242x33 

lint   library  directors 1361 

power  tn  remove  officers 215 

powers  and  duties  189  196 

to  file  map,  when 1% 

vacancies  filled  by 214 

remit  fines,  etc 189 

may  inspect  boi  'k  v  etc 191 

may  enter  townsite  2701 

mmendations  to  commission 192 

call  citizens  t..  enforce  law 193 

rs  of  ordinances 194 

approve  officers'   bonds         216 

suspend    treasurer,    when 236 

misconduct,  penalty    21" 

may    solemnize    marriage 1  188 

pi  iv\  •  nerally 189 

iluties    

appoint    fire   anil    police    chief- 251x3 

urt,  inayr  appoints 686x4 

noti  ■  loard  of  probable  strike 1330 

Name: 

when  designated  1<>Q 

changed,  when  and  how 1545.  1547 

elective,  enumerated,  term-  213 

election,    general    887 

r.  with   consent 214 

vacancies  filled  by  mayoi  . ...       214 

■  m  of  office.  . .  

removal   hy  mayor 215 

1>_\   commissi  215 

64 


I in  16  IXDEX  TO    LAWS    OF  UTAH 

Cities — Continued  Sec. 

Officers: 

oath.-,  and   bonds 216-218 

additional   bonds    218 

bonds    filed    where 218 

misconduct,  penalty   219 

delivery  of  books  to  success*  irs 220 

must    be    qualified   electors 221 

defaulter  ineligible  to  office 221 

not  to  be  interested  in  contracts 222.  223 

bribery,  penalty   223 

compensation  fixed  by  ordinance 225 

increase,  etc.,   forbidden 225 

must  be  paid  fixed  and  definite  salaries Cont.  art.  21,  sec.  1 

commissioner  not  to  hold  created  office 226 

duties,  etc..  fized  by  ordinance 227 

in  cities  of  first  and  second  class  can  hold  but  one  office..  .        224 

Ordinances: 

not  affected  by  change  of  organization 178 

by  repeal   of  charter 311 

publication  or  posting 205 

in  effect  when 205 

how   proved    205 

record  of   205 

revision,  publication   unnecessary 205 

duties   of  "ii'icers  fixed  by    227 

jurisdiction   of  city  court  under   206x87 

to   protect    water    supply 206x15 

appointment    to    revise 194 

power  of  commission   t<  i  pass 206x87.  207 

define  mode  of  exercising  powers 207 

action   for  violation,   in   name  of  city 208 

action   for   violation,   bar 208 

pleading    210 

imprisonment    206x87.  21 1 

against    corporation 212x-212x5 

city  attorney  t<  i  pr<  isecute  appeal 212x6 

costs  paid  on  appeal 212x7 

salaries  to  be  fixed  by 225 

duties  of  i  ifficers  fixed  by 227 

patented  article  not  to  be  required  on  public  improvements.    313x2 

Police: 

appointment     251x3,  251x6.  251x11 

chin',  duties  and   powers 245 


INDEX    [<  >    l   VWS    OF  UTAH  1007 

Cities     Continued 

have  powers  "i"  constable 246,251x5 

executive  process    24i> 

ral  duties  246,  247 

arrc-t  «  ithout  warrant 2A7 

special,  appointment   24S 

clerk,  to  keep  record  of  property  taken  from  prisoner 5123 

bail   commissioners   appointed 24') 

oath  and  bond 250 

duties,  etc 24"  251 

department,  create  and  maintain 251x, 251x10 

head,  appointment    251x3.  251x11 

removal    251x7 

subordinates,  number,  etc 251x4 

appointment,  etc 251x6 

suspension  251x8 

p<  iw  it-,  duties,  etc 251  x5,  251x9 

Power-   of 

not  t.i  be  delegated  bj   legislature Con.  art.  6,  se<    29 

see  "commission"  and  "mayor"  above 

unaffected     511  \23 

as  bodies  corporate 180 

»  ho  may  -cr\  e  212.  246 

rty: 
may  hold,  etc 180 

Public  works: 

jointly  liable  with  conti  public  work 14ihk 

duties    286 

where   to  keep  his  office 228 

duties    22S 

lintment,  term  of  office  213.214 

it)    contract  s  --' 

■  racts  void  unless  signed  l>> --'* 

certify    t.  2S4 

notify  officer  of  removal 251x6 

prepare  voting  machine-,  when 868x8 

appoint  custodian  of  voting  machine-,   when  868x8 

ifficio    clerk    of   city    court  686x8 

as  clerk  of  city  court 686x22.  <>^i,\2i> 


1008  IXDEX  TO    LAWS    OF  UTAH 

Cities — Continued  Sec. 

Recorder: 

custodian  of  city  court   seal 686x36 

Repeal: 

of  city  charters,  effect 311 

Rights: 

not  affected  by  general  act 177.  178 

Scrip  for  local  improvement-: 

cities  may  issue,  when 282x 

how  sold   282x 

how  issued,  interest 282x1 

redemption    282x2 

lien  on  property,  sale 282x5 

Special  tax  fund : 

money  paid  on  local  tax  is 282x4 

use   of   fund 282x4 

each    fund    separate 282x5 

how    paid    out 282x5 

coupon   warrants,   issuance 282\o 

how  drawn    282x0 

denominations    282x6 

interest    282x7 

city    liability    282x9 

Seal: 

of  city   180 

of  engineer   244x3 

of  city  court  680x34 

Streets,  etc.: 

paving,   etc 255-282 

no  adverse  possession  against  city 2866x 

changing  grade,  damages   255-282 

Taxes,  general: 

fiscal  year  begins   January    1 252 

levy  by  commission  in  July 253 

limitation   on   amount 253 

levy  certified  to  county   clerk 254 

purposes  of  253 

assessment,  collection,  etc 2687 

Taxes,  .special,  for  improvements,  etc.: 

collecti*  in,    etc Con.  art.  13,  sees  3,  5 


INDEX   TO    LAW'S    OF  UTAH  1009 

Cities  -  Ci  mtinued 
Taxes: 

power  to  make  local  improvements 255 

for  ordinary   repairs    256 

paving  districts    256 

bonds    260 

-.  assessment    257.  258 

delinquency   25s 

railway  intersections    259 

city  bonds   260,  26] 

"lot,"  "lauds."   "strict."   defined 261 

acc<  irding  to  benefit  262 

curbing  and  guttering,  district  bonds 263 

not  void  for  error,  etc 264 

action    to   recover 2ti4 

equalization    li>? 

railways,    to    pave    and    repair 266 

railways,   failure,   levy 267 

seizure   and   sale 268 

action,  defense  269 

water,  y;as  and  sewer  connections 271 

bonded   debt,  limit 1,1 

intention  to  tax,  notice 17.1 

to  be  equitable,  how    levied 274 

.  description  of   275 

total  cost  in  one 276 

when  made   277 

notice  ■  if  delinquency 27s 

for   other  purposes 279 

for  irrigation,  acreage  tax 27"' 

repaying  and  repairs,  distinguished 280 

special  assessment,  lien ls\ 

money  kept   separate 238 

-crip,  issuance,  etc 282x  282x3 

special    tax    fund     2H2s-\-2X2^> 

irer: 

iinted,  term   of   office 215.  214 

duties     2.^2 

bond,  amount    21<> 

warrants  only,  monej    paid  on 255 

paid    in    order 254 

shall   give    receipts 255 

keep   city    money    separate 236 

making  profit  of  public  money  forbidden 236 

registry   of   warrants 2.^7 


1010  INDEX  TO    LAWS    OF  UTAH 

Cities — Continued  Sec. 

Treasurer: 

reports    237 

special   fund   kept   separate 238 

fines    and    forfeitures    paid    to 209.243 

money  from  licenses  paid  to  209 

Wards: 

number  of 181 

limitation  on  change  of  boundaries 181 

Warrants: 

auditor  to  certify 146-149 

treasurer  t.  i  pay  money  on 233 

paid  in   order 234 

registry    237 

of  arrest,  to  whom  issued 244 

executed  by  whom 212.  24f> 

particularized    in    annual    statement     231 

Water  and   water   works: 

power   of  commission   over.      See   "commission"    supra. 

special  tax  to  maintain,  etc 253.  279 

b.  inding  for   308-310 

ordinances    to    protect,    jurisdiction 206x15 

not  to  sell  or  lease Con.  art.  11,  sec.  6 

debt  limit  for Con.  art.  14.  sec.  4 

Year: 

fiscal,  begins  January   1 2?2 

City    Court 

Jurisdiction: 

generally     6S6xl0 

limitation  as  to    686x11 

concurrent  with  district  o  uirt 686x12 

exclusive  under  city  ordinance 686x13 

Judge: 

office  created   I 

election,  term 686x1 

qualifications    686x2 

oath    686x3 

duties,   failure    to    perform,    or   absence    from    state    vacates 

office     686x4 

mayor  appoints  to  fill  vacancy 686x4 


INDEX  TO     LAWS    ol     II   Ml  11)11 

City   Court     Continued  Sec. 

Judge 

i-  municipal  officer 686x5 

salary,  paid  by  city 686x5 

am.  mm     686x6 

must   reside   in   city 686x7 

hold  court  in  city 686x7 

city  must  provide  court  room,  etc (>Sii\7 

disqualified  to  act,  when 692 

cannot  a<  orney  except 693 

cannot  have  law  partner 694 

may  contract   with  stenographer,  when 728x2 

change  of,  grounds 686x30 

but  one  granted  686x31 

istrict  court,  when 686x32 

;e  pro  torn,  by  agreement 686x32 

qualifications   of 686x32 

es  of   686x33 

Clerk  of: 

recorder    in    ex-officio 686x8 

duties 686x8 

generally   686x22 

in  criminal  actions 686x25 

paid  city  treasurer <iS<i\_>(> 

-  under  city  ordinance-  paid  city  treasurer 686x26 

half  tine-   under   State   laws   paid   Mate   treasurer 686x26 

custodian   of  seal 686x36 

of  paper-  and  record- 686x24 

-  executions  and  process 686x20 

form  686x34,  636x35 

igrapher: 

employment,  compensation,   etc 728x2,728x3 

dure: 

partie-  appear  in  per -on  .,r  by  attorney 686x27 

open  every  da)    except  Sund  686x28 

civil  action-  same  as  di-trict  court 686x29 

criminal  same  a-  justici  686x29 

'i-.  commenced  as  in  di-trict   court      686x14 

summons,    direction-    in      686x14 

service  and   return <>!-7,xl4 

mplaint  not  filed  within  five  day-  dismissal  686x14 

demurrer,   reply    686x15 


1012  INDEX  TO    LAWS    OF  UTAH 

City   Court — Continued  Sec. 

Procedure: 

jury  trials,  hoik-  under  city  ordinances,  except 686x18 

civil  cases  same  as  justice's  court 686x18 

jury  trial,  criminal   same  as  justice's  court 686x18 

judgments,    form    as    m    district    court 686x16 

when  amount  exceeds  jurisdiction 686x16 

abstracts  filed  with  clerk  district  court 686x19 

lien  of 686x19 

new  trial,  motion  for  as  in  justice's  court 686x17 

appeal  to  district  court 686x  17 

decision    of   district    court    final,    when 686x17 

process,  issued  by  clerk 686x20 

served   by   sheriff 686x21 

witnesses'  fees  in  civil  actions 686x23 

in  criminal  actions 686x25 

costs  as  committing  magistrate  to  be  paid  by  county 686x25 

Claim.     See  Action 

Against : 

city,   presentment,  audit,   payment 206x2.230 

city  for  damages,  presentment,  bar 312,  313 

Clerk 

See   Clerk  of  City   Curt 686x8-686x36 

Clerk  of  City  Court 

recorder  is  ex-officio  clerk   686x8 

duties    686x8 

issue  executions  and  process   686x20 

fees 680x22 

disposition   of    686x26 

custodian  of  certain   justices'  records 686x24 

seal  i if  court   686x36 

Clerk  of  the  District  Court 

judgment,   of   city   court,   docketing 686x19 

Code 

of  civil  procedure  2851-3772 

penal    4051  4505 

Combustibles 

city  may  regulate  storage 206x49,  59.  74 

Commissioners 

board   of    169.313x1 

bail,   in   cities,   powers    249-251 


1XDEX  TO    LAWS    OF   U  I'AII  1013 

Commons  Sec. 

dedication  of  2010.  2014 

Compensation 

of  city  officer  fixed  by  ordinance 225 

of  registry    agent    817 

of  judge  of  city  court 686x6 

of  judge  pro  tem  city  court 686x33 

Complaint 

actions: 

in   city    court    686x14 

Criminal  Actions: 

against  corporation    " 21  _'\ 

Compounding  Crimes 

or  concealing,  penalties  4075.  4145 

compromising  certain   misdemeanors,   procedure 5062-5064 

Compromising  Public  Offense 

when  allowed   5062 

when  not  allowed   4145.  5062,  5064 

''lure    5063 

only  as  provided  by  law 5064 

by  order  of  court,  a  bar 5064 

Concealment 

..t'  felony  or  felon,  penalties   4075.  4145 

Condemnation    206x2 

Conductor,  Railway 

may   arrest   without  warrant,   when 463S 

shall  take  arrested  person  before  magistrate 4139,4650 

intoxication  of,  misdemeanor  4_"»_' 

violation   or   neglect    of   duty 4_">4 

Confession  of  Judgment 

in  city  court   • 686x10 

Consent 

if,  f^r  marriage 1541 

Constable 

may    -rr\c    city    process,    etc 212 

refusing  t.>  make  arrest,  a  crime 4I3S 

suffering  a  prisoner   t"  escape,  penalty 411i> 

limitation  of  action  against 287f 


1014  INDLX   TO     LAWS    OF   UTAH 

Contagious   Disease  Sec. 

city  to  prevent 206x05 

Contracts 

city   officer  not    i"   be   interested   in 222.223 

public,    extra    compensation   prohibited Con.  art  6.  sec.  30 

debt  limit  of  state,  counties,  etc Con.  art.  14,  sees.  1-7 

Conveyances 

by   city,   power    206x2 

Plats  and  Subdivisions: 

owner   may   plat    lands 2011 

map   must   be    made    2012 

acknowledged,  recorded    2013 

approved  by  city  council,  etc 2013 

dedication   of   streets,   etc 1114.2014 

selling  lots  before   recording,   penalty 2015 

vacating,  application   to  city  commission,  etc, 2016 

vacating,    petition    2017 

hearing  order   2018 

portion   of,   petition    2019 

hearing  order   2020 

Validating: 

deed  heretofore  executed  by  mayors,  probate  judges,  etc.  .2007-2009 
instruments  reci  irded  prior  t>  i  Jan.  1,  1907 2010 

Conviction 

must  be  legal    4508.  4S16 

of  crime  forfeits  office,  when 41 1 1 

Convicts 

to  labor  in  cities 206x51 

under  protection  of  law 4141.4143 

escapes,  penalties    41 18 

retaking  after  4655.  4656 

rescues,    penalties     41 12.  41 13 

Copies 

officers  to  furnish,  when  paid  for '. 3376 

Corporations 

municipal — Sec     Cities     169-313x2 

service  of  summons  upon    2948 

Criminal   Proceedings   Against 

under    city    ordinance 212x.  212x5 


INDEX  TO    LAWS    OF    UTAH  LOIS 

Corporations     Continued  Sec. 

Powers:  Sec. 

limited   to   business   authorized Con.,  art.  12,  sec.  10 

Corruption 

see  bribe  4079-4111 

"corruptly"  defined  4053 

Costs 
Generally: 

on  appeal,  from  city  court 686x1! 

idge  pro  tern,  city  court 686x33 

Commission 

powers,  etc      Sec  Cities 197  212 

Counsel 

defendant   in  criminal  case  allowed Con.  art.  1,  sec.  12;  4513 

Counties 

Boundaries: 

ge,"    "township,"    "section,"    defined 457 

th,"  etc.,  mean  true  courses 458 

in--  c\i<t  until  changed 459 

1      (county  seat,  Salt    Lake  City) -475 

n  on  rejected,  within  one  year 2881 

rate   Tower*: 
jointly  liable  with  principal  contractor  .m  public  works. .1400* 

I  ommissioners,  Powers 

•Mil*,  may  provide  voting  machines 868x3-868x6 

incorporate  cities,  duties   169.170 

approve  or  vacate  2013-2020 

v >t in^r  machine*,  provide    868x3  868x6 

care     for     868x6 

County  Jail 

finement    of   city   prisoners -'' 

Courts 

city  court  Court 68 

qualified,  when  692 

catm.it    be    attorney,    etc 693 

not  to  have  law  partner 

sittings  public  .  695 

696 


1016  INDEX  TO    LAWS    OF  UTAH 

Courts — Continued  Sec. 

judicial  days,  in  city  court 686x28 

sea]  of  city  court  686x34-686x36 

Court  Stenographer 

of  city  court   728x2-728x4 

Crimes 

defined    4061 

how    divided     4062 

conviction    must    he    legal     4508, 45 l'i 

compromising,  procedure    5062-5064 

compounding,  penalties  4145 

intent   necessary   to    4068 

hi  >\v   manifested    4069 

intoxication   no   excuse   for 4070 

limitation    of    prosecutions     4597-4603 

prevention   of    4520.  4521 

against  the  executive  power 4077-4088 

puhlic  justice 4104 

public  decency  and  morals   4266 

puhlic   health  and   safety   4274 

puhlic    peace    4300-4314 

puhlic   property    4315-4325 

arrest.     See  arrest   4635-4654 

jurisdictii  in,  city  court  686x13 

parties  to   4071-4373 

who    incapable    of   committing    4071 

principals    4074 

accessories     4075 

officer  convicted  forfeits  office 4066,4111.4317 

unity  of  act  and  intent 4068 

cities    may    punish     206x87 

Criminal  Action 

defined    4510 

under    city    ordinance    208-212x6 

jurisdiction,  citv  court 686x13 

in  cities    206x87.208.210.241 

commenced    when    complaint    filed 4603 

arrest— See   arrest    4635-4654 

limitations—See    Limitations    4597-4603 

parties—  See    Parties    40/ 1 

conviction   must  be   legal 4508-4516 

■appeal — See  Appeal: 

from    City   court 686x17 


INDEX    r<  I    I  AUS    OF  UTAH  1017 

Criminal   Action     Continued  Sec. 

d   not  to  advance 4514 

rights  of  defendant — See  Defendant.  .Con.  art.  1,  sec.  12;  4508, 4516 
compromising  5062 

Criminal  Procedure 

provisions 4506 

ih  prescribed  in  code 4507 

Cruelty 

to   prisoner,    penalty 4141,  4143 

Dairy  and  Food  Products 
I  nspection : 

-    may   provide    I'>r _>Df.\44 

Damages 

tor   death    limitation    of   action 2878 

jurisdiction    of    city    court 686x10 

by  changing  grade  of  street 282 

claim  against  city  f'>r  negligence,  etc 312 

presentment    312;  313 

bar   $12,313 

Dancing  and  Dances 

■  >n   Sunday    pn  'hibited    4233 

sale  of  liquor  at  dances  prohibited 4237 

female  playing  in  saloon  or 4243 

female   in   public   place 4_'44 

Day 

eight    hours    on    public    \v..rk~ Con.  art    16,  sei    6;  1336 

Dead 

indigent,    city    to   bury 206x78 

Dead  Animals 

putting  in  streets,  rivers,  etc 4279 

Death 

by  n   .    .  limitation,  two  years 2878 

Debt 

limit  on  -tate.  counties,  cities,  etc Con.  art.  14,  sees   1  7 

limit  certification  14<>  14'' 

Debtor 

attachment   and    garnishment    3113x1 


1018  INDEX  TO    LAWS    OF  UTAH 

Decoration  Day 

a  legal   holiday    1 145 

Dedication 

of   Greets,  alleys,  etc 2014 

Defendant 

Criminal  Procedure: 

rights  of  accused Con.  art.  1,  sees.  7-13 

party  prosecuted  known  as 4512 

arrest— See    Arrest 4635-4654 

as  a  witness 4515 

may  appear  in  person  or  by  counsel 4513 

counsel,  entitled  to 4513 

entitled  to  a  copy  of  complaint 4513 

may  testify  in  his  own  behalf 4513 

not   compelled   to   testify 4515 

to  be  confronted   by   witnesses 4513 

to  have  compulsory  process  for  witnesses.  .Con.  art.  1.  -co.  12:  4513 

t'  i  have  speedy,  public  trial 4513 

right  to  appeal 4513 

must  be  convicted  according  to  law 4516 

not  compelled  to  advance   fees 4514 

rights  of  4508-4516 

arrested,  receipt  for  property 5122 

Defense  (See  Answer") 

limitation — See  Limitations   4597-4603 

intoxication   no  excuse   for  crime 4070 

who  capable  of  committing  crime 4071 

Definitions 

terms    in     renal    Code 4053 

Deposit 

in    lieu    of   undertaking,   any    case 3494 

substitution  of  undertaking  for  deposit 3494 

Depot 

cities  may  grain   site   for 313x 

cities   may   grant    franchise    for 206x32 

Description 

of  boundaries  of  counties — see  name  of  county. 


INDEX    l"    I  AWS    <  >l    UTAH  1019 

Destruction  Sec. 

of  public  records  by  officer.  41  T' 

by  other  than  officer 4120 

ndecent  book,  picture,  etc 4249,4250 

Disincorporation 

m<l  towns 293-298 

Disposal 

property    stolen  '>r  embezzled 5118-5123 

Disqualification 

■    when  disqualified 692 

■  >r"  city  judge,  change  of  judge 686x30-686x32 

!il  office,  for  making  profit  of  public  money 4317 

to  In  ill  I  office,  for  felony  in  office 4066,  4111 

Distribution 

of  irrigation   water  by  cities 206x17 

District  Court 

disqualification  692 

cannot  act   as   attorney 693 

ive  partner  in  law 694 

pr..   tempore    of   city    court 686x32 

•n-  public,  except    695,696 

Districts 

itics  206x16.256 

Disturbance 

of  public  meetings   4300 

of  religious   meetings  4236 

e  peace- -See  Peace  4310 

Docket 

ts  entered,  lien  of 686x19 

Dogs 
city  1 

Doors 

of  public  buildings  to  swing  outward   4299x42! 

-   or   make   arrest 4(4;     • 

Drunkenness 

ise   for   i-rin  . 
affect  intent  to  commit   crime.  4070 


1020  [NDEX  TO    LAWS    OF  UTAH 

Easements  Sec. 

no  adverse  claim  against  a  city,  etc 2866x 

Elections 

t  Jeneral  Provisions : 

primary  election    S21x 

districts,  where  voting  machines  used 868x15 

Of  municipal  officers: 

enumeration    213.  214 

city  judge    686x1 

when    held    887 

terms  of   .213,887 

mayor  elected  at  large 184 

commissioners,    when    elected    184,  887 

disqualification   of   electors. 889 

judges  and  voting  places 890 

general   law  to   govern 890 

canvass  when    891 

tie  vote   891 

nominations   822-834 

registration,  time,  place,  etc 817.  890 

expense 817 

necessary   821 

on  corporation  of  city  1 72 

voting   places    890 

Primary  Elections: 

presiding  officers    Nil  \ 

polls,  open  and  close,  when 821  x 

voters   at,   qualifications    821x1 

Registratii  m : 

necessary  to  vote   821 

agent,   post   list   of  nominations 831 

municipal    elections    817 

official     for    districts    with    voting    machines 868x7 

for   municipal    election 817 

for  municipal  election   expense 817 

Nominations: 

by   convention    i<22 

"convention"    defined     822 

by  committee 822 

by  vot  ers    X22 

certificate   823 


INDEX    rO    LAWS    OF   UTAH  1021 

Elections— Continued                    .  Sec. 

Nominatii  ins 

certificate  to  be  filed   825 

I i i—  t  —  to  l>c  published,  time,  paper.  etc 830 

posted  when   830,  831 

sent   to  registrj    agenl 831 

vacancies,  how  filled   834 

Ballots: 

instructions  t"  voters 868x7 

number    of    voting    machine .S(iS\7 

for    voting   machines    868x7 

defined  868x16 

Judges: 

-.  compensation,  «  here  machines  used 868x9 

honk-,   none    with    voting   machine 868x7,  S68x9 

Voting: 

at  primal"}  821x.  821x1 

V  >tmi;  Machi; 

anticipated • Con.  art.  4.  Si 

commission   on,   duties 868x 

onlj    approved    machines    used 868x1 

party  selling  must  keep  in  good  working  order 868x1 

i\  ed    ninety   day  S   befi  ire   election 868x2 

provide. I  by  counties  and  cities 868x3.868x4 

requirements   of    868x5 

how   cared    for 868x6 

hall.  nery,  and  instructions   for 868x7 

official  registry  to  be  furnished  judges 868x7 

duti.  here  machines  \i^t.-i\ 868x9.868x12 

duties  of  county  clerk  and  city  recorder 868x8 

idian,  dul  pensation   868x8 

prepared  & 

delivi  polls   868x8 

itain  view   868x10 

•  t   868x1 1 

scertatned 868x12 

d     868x13 



where   machii  creation 868x15 

fined 868x16 

868x17,  ft 
laws  apply  where  inael  868x17,868x18 

penalty. 

65 


1022  INDEX  TO    LAWS    OF  UTAH 

Elections — Continued  Sec. 

Returns: 

fn  im   voting  machines 868x12 

Elections.     See  Liquor  Law,  Chap.  44 

Offenses: 

selling  liquor  on  election  day Sec.  1242x25 

Embezzlement 

defined    4374 

by   officer,   agent,   etc.,   of  corporation,   etc 4375 

stolen  property,  how  disposed  of 5118-5123 

i  if  public  money,  no   limitation 4597 

or   misuse   of   public   money    4315-4319 

Eminent  Domain 

exercise  for,  water  rights  for  cities 206x2 

private  property  subject  to 206x2 

Employes — See  Labor. 

public,  wages  garnisheed,  when   3113x,  3113x1 

violating   eight   hour   law,   misdemeanor 1337 

must   provide  seats  for  female  employees 1339 

Engineer 

locomotive,  omitting  to  ring  bell 4291 

intoxication    of    4292 

violation    of   duty    4294 

license,   etc.,   cities   may 206x60 

Equalization 

city,    special    tax    265 

Escape 

limitation  of  action  against  sheriff,  etc 2879 

from  other  prison,  penalty 4115 

officer  aiding  or  permitting    4116 

a-^isting.  penalty 4117 

furnishing  tools,  etc.,  to  aid 41 18 

retaking  after    4655.  4656 

Estrays  and  Trespassing  Animals 
Estrays: 

city  regulations   35.  2Qu\<~ 


INDEX  TO    LAW'S    OF  UTAH  1023 

Evidence  Sec. 

Procedure: 

entries    by    officers 1395 

in    official    records $389 

public  record,  proof  of 3375-3395 

public  writings,  open  to  inspection,  etc $375 

certified    copy    furnished $376 

rd,  entries  generally 5395 

official  entries   $389 

writing,  certification,  form  of,  seal $392  3393 

Examination 

of  engineers  bj   cities 206x60 

Examination,  Preliminary 

change  of  judge,  city  c<  'iirt 686x30-6Sf>\32 

in  city  court 686x13 

Exclusion  of  Witnesses,  Etc. 

On    trial    of   rape.    etc 696 

on  any  trial,  in  discretion  of  court 

Execution 

issuance,  "ii  docketed  city  court  judgment 686x19 

upon  judgment  of  city  court   686x20 

for  fine,  against  corporation 212\? 

iptions,  n< me  a^  against  poll  tax 1745 

Criminal    Procedure: 

I  fine  "t'  a  corporation 212x5 

Executive  Power 

crimen  against    4077  1088 

Exemption 

■>   from  ta \at ion Con.  art.  13,  sec. 3 

from  Sec-    1744   [745 

public  building*    '24? 

none  11  tax  judgment 174? 

Explosives 

making,  keeping,  etc.,  in  cities  and  towns,  penalty 1280 

cit>  may  regulate  206x59 

deli'.  ■  shipping,   must   be  marked 4280x 

violation,  penalty    4280x 

not  stored   within  2  •dwelling 4280x1 

marked   with  date  and   per  cent   of  nitro  glycerine I 

regulations   "ti    wrapping   and   marking 4280x4 

4280x5 


1024  INDEX   TO    LAWS    OF  UTAH 

Extortion  Sec. 

I>y  executive  officer   4082 

False  Imprisonment 

limitation  of  action  for,  one  year 2879 

defined,  penalty   41S8,  4189 

False  or  Fraudulent  Claim 

presenting   for  allowance,   felony 4083 

False  Weights  and  Measures 

see  weights  and  measures 2730 

Falsification 

of  records  by  public  officer 4119.4315.4597 

of  records  and  documents 4119-4121 

Fast  Driving 

when    a    misdemeanor 42% 

Federal 

Jurisdiction: 

ceded  to  U.  S.  over  land  or  public  building,  except 963x1 

ceded  to  Q.  S.  over  Fort  Douglas  and  Duchesne 963x3 

Fees 

of  judge  pro  tempore  city  court 686x33 

i  f  clerk   of  city  court 686x22 

Of  City  Court: 

county  to  pay.  when 686x25 

(  it  G  mrt  Stem  igraphers  : 

of  city  court,  enumerated 728x3 

paid  by  city 728x3 

Of  Witnesses 

city   courts    686x23 

for  defendant  .it  expense  i if  state 10(14 

i  ifficer  not  to  receive  fee 1005 

criminal  case,  one   fee  a  day 1006 

interpreter    and    translator 1007 

General    Provisii  in 

officers  to  keep  account  of 1015 

liable  for  collection 1015 

officers  must  keep  fee  books,  penalty 1023 

officer    to    receipt    for    fees    paid 1026 

failure    to    pay    over,    penalty 4310 


INDEX  TO    LAWS    OP    UTAH  1025 

Fees    Continued 

General  Provisions: 

to  keep   fee   book-.,   etc.,   penalty 1027 

chart  receiving   illegal,   vacancy,    damages   1029 

certifying  falselj  as  to  ■-  of  jurors,  etc.,  permit)  1030 

officer  forbidden  to  purchase  scrip 1031 

list  to  b(  posted  1024 

for  copy,  "ii  payment,  officer  must  furnish *37i> 

witnesses'  and  juror-'  certificates  invalid  after  one  year....  1032 

Felonies 

limitation   of  actum   for 4597  I 

Enumeration 

-iiuv;  prisoner  to  escape 4117 

bribery   of  executive  officers 4079-4081,4085 

of   legislative   officers 4102 

of  judicial    officers    4104 

compounding  crimes    4145.  5064 

election    offer  -        Elections 892 

embezzlement  4315.  4316,  4374 

ipes 4114  II  is 

fraudulent  claim  against  state,  etc.,  presenting 40S3 

judicial   officer,    bribery    1104 

mire,  bribing  members,  etc 4102 

4079,4135 

false  instruments   for  record 41J1 

er  refusing  to  surrender  b. .ok-,  etc      4087 

suffering  escapes    411,6 

\  iii£  bribes    4105 

failing  to  pay  over  money 4316 

falsifying    accounts,    etc : 4315 

making  profit  of  public  monej    4317 

falsifying  records    4087,  41 1».  4315 

public  n                    ned    431S 

misusing        4315 

failing   !■>  keep  ami   pay   over 4316 

making  profit  out  of 4317 

rds,  falsify  ing  41 1 

withholding  4087 

ing,  mutilating  4119 

era  4112 

4301,4302 


1026  INDEX  TO    LAWS    OF  UTAH 

Females  Sec. 

empli  lying  ti  i  dance  at  saloon,  etc 4243,  4244 

selling  liquor  to,  in  wine  room,  a  misdemeanor sec.  1242x29 

employes,  resting  places  for 1339 

Fight 

bull,  bear.  cock.  etc..  on  Sunday 4233 

prize  or  ring  prohibited 430S 

witnessing,  a  misdemeanor   4309 

Fines 

under  city  ordinance,   limit 206x87 

disposition   209.  243.  4921 

of  district  court,  disposition 4921 

of  city  court,   disposition 686x26 

failing   to   pay   over,   felony 4319 

Firearms 

toy  pistols  forbidden 42X1 

Fire  Department 

city  may  provide  for 206x58 

in  cities  with  over  12.000 2Slx 

shall  consist  of  what 251x2 

mayor  appoint   chief 251x3 

commission  provide   number  and   set  salary 251x4 

appointment  of  subordinates 251x6 

removal  of  subordinates   251x6 

chief    251x7 

city   recorder   notify   of  removal 251x6-251x7 

chief   may    suspend    subordinates 251x8 

qualifications,   city    council    specify 251x9 

cities   empowered   shall   create  fire  department,   when 251x10 

volunteer,   exempt  "from   poll   tax 1744 

Fiscal  Year 

begins  January   1,   for  cities 252 

Floating  Debt.     See  Debt. 

at  statehood,  of  counties,  cities,  etc 1067.  1068 

Food 

inspection,    cities    may    provide    for 206x44 

Forcible  Entry  and  Detainer 

Jurisdiction: 

city    court     686x12 


[ND    X    I    i    LAWS    OF  UTAH  1027 

Forfeiture.    See  Fine. 

■  ■I   office  by  conviction  of  crime   1029,4066,4111,  1317 

by    absence,    city    judge 

limitation  of  actions,  one  year 2^7'' 

Forgery 

of   public    or    Corp. Tate    seals 4345 

ds  or  official  documents 4087,  4119,  4121,  4315 

offering  forged  instruments  for  record 41  Jl 

Forms 

summons,  city  court   686x14 

criminal  action  against  I    ■!> -l-?s  1 

Fort  Douglas 

jurisdiction    over,    ceded    to    U     S         963x3 

Franchise 

cities  may  grant 206x19,  32 

live,  crimes  against    892 

• 
Fraud 

winning   at   play   bj    means   of 

Gambling 

ling,    bi "  ikmaking 

duties  of  officers  in   regard   t.> 43.'. 

prohibited,   penalty   for 1261 

permitting  in  house  owned  or  rented 4262 

privilege  of  witness  as  t.>  testimony 426S 

winning   at,   by   fraudulent    means 

witni  •   nipt 4264 

242x28 

ities   may    suppress 206x40 

Garnishment 

i 3 1 1  3  x 

how  31 13x1 

Gas 

in  cities,  franchise,  etc  206x13  20 

Gates 

■  quire  railv    ■•  •         '  16x35 

Giant   Powder 

I 


1028  INDEX  TO    LAWS    OF  UTAH 

Girls — Sic  Children.  Sec. 

attain  majority  at  eighteen,  or  by  marriage 1541 

Government  Lands 

federal  jurisdiction   over 963x4113x3 

Governor 

proclamations,  holiday    1145,  1146 

change  of  class  of  city 175 

Grade 

of   streets,   damages,   liability    of   city 2X2 

Gunpowder 

city    may    regulate    storage 206x59 

Habitual  Drunkard 

selling  liquor   to 1242x12-1242x28 

Hackman 

cities   maj    regulate   business 206x38 

He£dth 

Local   Boards: 

in  cities,  how    constituted 206x64.1105 

health  officer    1105 

duties  generally    1107 

quarantine  powers  1 1  ID 

convention  called  by  state  board 11 13x21 

membership   of    '. 1 13x22 

expenses   of  officer   attending 1113x22 

purposes Ill  3x23 

Regulations: 

who  may  make  and  enforce 1 109.  1 110 

Highways 

width    of    public,    sixty-six    feet Ill" 

of  private,  twenty   feet 1117 

of  bridges,  etc..  excepted 1117 

in   cities,  etc.,  subject  to  city    regulations 1121 

ni  •   adverse   possession «■  .  .  .2866x 

Penalties : 

speeding   on    4296 

Holidays 

enumerated    1 145 

sale  of  liquor  on.  may  be  forbidden Sec.  124_'x_\s 


INDEX   TO    LAWS    OF    UTAH  1029 

Hotel  Keepers 

cities   maj    regulate    206x38 

House  Of  111  Fame 

pow<  it)    to  restrain ,...     206x40 

keeping  "r  resorting  to 425  1 

Husband  and  Wife 

|iior  to  husband,  damages 1242x12 

111  Fame 

keeping  or  residing  in  house  of 4251 

Imprisonment     See   Felony,   Misdemeanor,  Convicts, 

;u  lal>.,r  in  cities 206x51.211 

iolation  of  city  ordinance 206x51.  210.  211 

penalty   4188,4189 

limitation  of  action  for 2879 

Improvements 

street,  in  city,  taxes,  etc 255-282x9 

Indecent   Exposure 

a   misdemeanor    4247 

.  picture,  etc 4247  4250 

Independence   Day 

1  145 

Indigent 

burial,  by  city   206x66.78 

Initiative  and   Referendum 

s  to Con  art.  6,  Sees.  1.  22 

Insane 

disp  1242x30 

Inspection 

■  ds,  right  .'.'75 



Instruments 

in  act   validating  200 

of  r<  imparted   bj    d  2007  2010 

in  <■••  la 


1030  INDEX   TO     LAWS    OF  UTAH 

Intent  Sec. 

a  necessary  element  to  crime 4068 

how  manifested   4069 

how  drunkenness  may  affect 4070 

criminal   negligence   the   same   as 4068 

Interpreter 

witness    fee    and    per    diem 1007 

Intoxication 

no  excuse  for  crime,  mitigation 4070 

Irrigation  and  Water  Rights 
General  Provisions: 

cities,  sub-head  "water  and   waterworks,"  town   "r  city    maj 

incur    indebtedness    for Con.  art.  14,  Sec.  4;  308 

eminent   domain   for   cities 206x2 

Intoxicating  Liquor 

Elections    regarding    1242\4S  1242x66 

construction    of    terms 1242\4N 

local  option  unit    1242x4° 

elections 1242x50 

date  of  first    1242x51 

petitions  to  be  filed 1242x52 

qualified    voters     1242x53 

duties  of  county  clerk 1242x54 

duties  of  registry  agents ' 1242x55 

offenses ]242x5o 

form  of  petition    1242\57 

form  of  notice 1242x58 

Ballots    1242x59 

law  of  state  to  apply  when 1242x62 

returns    1242x61 

canvass  of  votes,  declaration  of  results   1242x62 

date   effective  when   vote   against   -ale 1242x63 

license  fee  to  be  refunded  when 1242\f'4 

violation.      Subsequent    offenses.      Penalty 1242x65 

licenses  to  be  annulled  when 1242x66 

restrict!'  ins  and   regulations 1242xoS 

provisions  of  act    not   applicable  when 1242x67 

Search    and     seizure 1242x43-1242x47 

duty  of  peace  officers 1242x43 

property  nol  t"  be  discharged,  when 1242x44 

return   of  officer,  etc 1242x45 


INDEX  Tl  I    I  AWS    01     UTAH  1031 

Intoxicating    Liquor     Continued  Sec. 

Search  and  Seizure: 

destruction  of  seized  property,  etc  1242x46 

arrest  without  warrant,  etc 1242x47 

License   required    1242x1 

without    1242x1 

manufacture  of !  1 242x  1 

who  may  grant 1242x3 

application  bond  1242x3 

manufactures 1242x4 

-.  bom  ma)  not  be  issued 1242x5 

bom  may  not  b  ms 1242x5 

definition   of   term-. 1242x6 

ount  of  license  to  be  fixed  limit 1242xT 

ti  >  be  paid  to  tn  asurer.    Term .  1242x8 

application   contents    1242x9 

revocation    of    1242x10 

ihj  sician,  etc 1 242x16 

bond,  form  of  1242x11 

liability  of  licensi  es       Actions     1242\12 

actions  may  be  brought 1242\l.i 

actions   on   bond    1242x14 

manufacturers,  etc.,  not  to  be  interested  in  procuring,  etc. ..  1242x20 

: : iii)4  unlowful  aid  etc 1242x22 

fee  for  unexpired   term   to  l>i    refunded 1242x64 

m>w  in  effect  to  be  annulled  when 1242x66 

prosecution- 1242x36 

■!    nuisance    when    1242\42 

Liquor: 

iuI  license  prohibited 1242\1 

mstrued  1242x2 

manufacti  1242x4 

definition  of  term-    1242x6 

application   for   license,   contents  1242x9 

license,  revocation  of   1242x10 

of    physician,    etc 1242x16 

1242x13-14 

sale  of  without  prescripts  in 1242\  1 5 

nes  prohibited 1242x17 

:  and  wine-  for  certain  purposes 1242x18 

sale  by  drug^i  ••  1242xl'l 

_c.|    in    manufacture    not    to    contract 

for    ..  1242x21 

:it    of    minor-    prohibit  1242x23 


[032  IXDEX  TO    LAWS    OF  UTAH 

Intoxicating    Liquor— Continued  Sec. 

manufacture    of,   minors    not    to    be    employed 1242x24 

sale  of  to  Indians,  mini  irs,  etc.,  pn  ihibited 1242x3d 

minors  falsely  representing  age 1242x31 

adulterations 1242x32 

delivery  and  sale  of 1242x34 

U.  S..  Internal  Revenue  tax  -.tamp  as  evidence 1242x35 

prosecutions    1242x36 

consignments   to   be   inscribed 1242x3'J 

bill    suit    for 1242x37 

sale  made  where   1242x38 

common  carriers  transporting 1242x40 

sale  within  five  miles  <  if  camps,  etc 1242x41 

sale  of  nuisance   when 1242\42 

Saloons: 

opening  and   closing   of 1242x2? 

vacating  after  closing 1242x26 

booths,  curtains,  etc..  prohibited 1242x27 

must  be  conducted  in  orderly  manner 1242x2S 

gambling   in    prohibited 1242x27 

must    not    be    connected    with    premises    used    for    unlawful 

purposes 1242x2° 

sale  of  liquor  to  Indians,  etc.,  prohibited 1242x30 

minors   falsely  representing  age 1242x31 

adulterations 1242x32 

may   be   rinsed   when 1242x33 

nuisances    when     1242x42 

pro  tempore  may  try  cause  when 686x32 

power 086x32 

compensation   686,  686x33 

Jail 

city  to  provide    206x61 

escape  from,  penalty    4116.  41  IS 

Judge 

when   disqualified    692 

cannot  act  as  attorney 693 

Judgment,  Civil  Procedure 
In  General: 

by  confession,  entry  in   city  court 686x  10 

Lien  of: 

abstract    From    city    court    686x19 


INDEX  TO    LAWS    I  IF    UTAH  1033 

Judgment,  Civil  Procedure     Continued 

Citj   Court: 

entered  same  form  as  in  district  court      686x16 

abstract  of,  filed   with  district  court 686x19 

Judgment,  Criminal   Procedure 
(  ..art : 
same   as   in   justice's   court    686x29 

Jurisdiction 

over  federal  reservation  963x1-963x3 

city  court   generally    686x10 

limitations   686x1 1 

concurrent    with    district   court    686x12 

over  citj   ordinances  686x1.? 

Jury 

Citj  court 

civil  procedure,  a-  in  justice's  court 686x18 

criminal    procedure,   under   city    ordinances    686x18 

as  in   justice's  court   686x18 

Justice  of  the   Peace 

see   city    court  686x-686x36 

session    public,    except    695,  696 

successor,  city  court  i-   686x24 

disqualification    692 

not  to  ha\  e  law   partner    694 

Trial,  criminal   procedure: 

-mini:  public,  except   6" 

Knowingly 

•  !  405.? 

Labor 

Miscellam 

day,    a    holiday      1 145 

eight  hour-  a  day's  work  on  public  work-;  Con.  art.  16,  sec   '■;  1.'.?'' 
violation,   a   misdemeanor  1336,  1337 

employment     of    women    and    children     in     mine-,    etc.    un- 
lawful,  (.'on.   art.    16,    sec    .?    1338 

employer  must  provide   -e.it-  for  females 1339 

convicts  in  city  jail   .  206   51,  211 

Labor   Day 

a   legal   holiday  1145 


1034  INDEX  TO    LAWS    OF  UTAH 

Lane  Sec. 

width     1117 

no  title  to  by  adverse  possession  against  city,  etc 2866x 

Larceny 

city  may  punish  petit    206x49 

disposal  of  stolen   property    5118,  5123 

property   taken   from,   deft.,   disposition    5122 

receipts    given     5122 

record   5123 

Laundries 

cities   may    regulate    206x38 

Law 

enactment,  by  initiative  and   referendum ..  Con.  art.  6.   sees     1.  22 

Lawful  Resistance 

by  officers  and  others  at  their  command 4520,  4521 

Legal  Holidays 

what   are    1145 

Legislature 

by  initiative  and  referendum   Con.  art.  6,  sees.  1,  22 

Lewdness 

how  punishable    422" 

in   exposing  pictures,   etc 4247 

house   of   ill-fame 4251 

city   may   suppress    206x40 

Liability.     See  Damages 

of  officer  failing  to  post   fee   bill    1024 

refusing  receipt  for  fees    1026 

charging  excessive   fees    1029 

an  official  bond    1683-1686 

created   by   statute,   action    for,   one    year    2877 

Library 
Public: 

exempt  from   taxation   2503 

cities  may  maintain    206x76.  1360 

city  tax  may  be  levied  for   1360 

must  be  levied  in  city  of  first  class    1360 

fund  establishment  of   1360 

petition   1360 

director,  .me  member  of  commission  may  be   1361 


INDEX    ["O    LAWS    OF    UTAH 

Library     Continued  Sec, 

directors,  appointment   t>y   mayor    1361 

term   "i   offici  1362 

removal    ol  1362 

filling  vacancy   1363 

organization  of   1364 

by  Lin  s    1364 

trol  <>i  funds,  etc 1364 

to  issue  vouchers    1364 

maj  unds,  etc 1364 

may  extend   privileges    1365 

report    annually     1366 

city  commission  t"  provide  penalties  1367 

reading  room  to  be  free   1365 

rule-,  and  regulations   for   1365 

funds  deposited  b)  city  treasury  1364 

vesting   title  of  donations   to     1368 

License 

power  of  cities      See   Cities,  subhead  "license" 206x38-x41 

liquor,,  generally      See   Intoxicating  Liquors 1J4J\1 

Lien 

•  >t'  municipal   taxes    2694 

for    improvements    281 

■ty    -crip    2S-'\.< 

ire,   jurisdiction    of    city    court    686x12 

dgments: 
cit)    curt  docketed  in   rli-trict   court    686x19 

material,    men.    eti 

tpply  to  public  buildings,  etc  l.W 

public  work-,  liabilil  1400s 

bond     to     relieve  14 

Limitations 
■ 

■  bed  -*:: 

!  by  count)  "r  city,  one  year   

linsl  city,  etc  .  2S66x 

lis,  real.  irs: 

adverse,  title  to   -tree  >rbidden 


1036  INDEX   TO    LAW'S    OF  UTAH 

Limitations — Continued       .  Sec. 
Actions,   personal: 

list   officer,  two  years    2878 

for  forfeiture,  libel,  etc..  one  year  2879 

for  escape,  damages  by  riot,  one  year  2879 

against  county,  city,  etc.,  on  rejected  claim,  one  year 2881 

against  officer   for   seizure,  six  months   2880 

to  recover  goods,  etc..  from  tax  collector,  six  months 2880 

for  monej    paid   to   officer  under   protest    2S80 

Criminal   actions 

no  limitation  for  murder,  etc 4597 

for  felonies  generally,  four  years   4598 

indictable  misdemeanor,  three  years    4599 

time  of  defendant's   absence   no  part   of  limitation    4600 

indictment,    when    found    4601 

misdemeanor  within  justice-  jurisdiction,  two  years 4602 

action    begun    by    filing   complaint    4603 

Liquors 

see   Intoxicating   Liquors    1242x1 

Literature 

obscene,   penalties    4247x4250 

Livery  Stable  Keeper 

cities  may   regulate    206x38 

Loan 

agencies,   city   control    over    206x38 

Locomotive 

omitting  to  ring  bell,  etc..  penalty  4291 

intoxication   i  if  engineer,  penalty    4292 

Lots 

disposing    of   before    platting,    penalty    2015 

Lumber 

piling,  etc..  city  commission   may   regulate    206x74 

Machines 

usrd  for  voting,   see    Elections,  subhead  "voting  machines." 

Magazine,   Powder 

unlawful    to    locate    near   residence,    etc     4280x1 

Magistrates 

judges  of  city  court,  age    686x13 


I N  I  >  1  \    rO     LAWS    OF  UTAH  1037 

Majority 

>l  1 54 1 

attained  by  marriage     1541 

Manufacture 

city    maj    regulate    206x56,  57.  69 

Maps 

ties   i"  be   recorded  196 

of  new   towns,  filing   2013,  2014 

Markets 

city  may  regulate   206x42,  45 

Mayor 

deeds  by,  certain,  validated    2007  2010 

i  ities,   subhead  "mayor" 

t.i  lay  "in  townsites,  etc _'7nl 

duties,  when  breach  of  peace  threatened   . .' 4540 

by,  under  townsite  act    2712 

may  perform  marriage  ceremony  1  lX,x 

notify  board  of  labor  of  threatened  strike,  etc 1330 

Measures. 

Weights  and   Measures   2730 

Meetings 

disturbing    religion-,   how   punished    1236 

..tlier    public    430(1 

selling  liquors,  etc.,  at  camp  i>r  field  meeting,  penalty. ...  1242x41 

Merchandise 

license,  in  cities  • 20 

Mileage 

(>sti\  1 8 

nd  municipal  court-   

Military 

1    jurisdiction    

Militia 

mpt  from  poll  I  1T45 

Minors 

j   provide  for  

1 . 

selling  toy  pi-  ■  nalty 

ee 


[038  INDEX  TO    LAWS    OF  UTAH 

Misdemeanors  Sec. 

defined    4063 

arrest  at  night,  when   4641 

jurisdiction   of  city   court    686x13 

limitation  of  action  for  4599 

compromise  of  certain   5062,  5064 

Enumeration: 

officer  asking  gratuity   4082 

buying  appointment  to  office   4084 

rescue  of  prisoner  or  property  4112.  4113 

criminal,   refusing  to   arrest,   etc 4138 

prisoner,  delaying'  examination   of    4139 

arrest    under    pretense    of    authority 4140 

officer,    inhumanity    of 4141.    4143 

resisting,    penalty    4081,  4142 

posse,    refusing   to  join    4144 

compounding  misdemeanor   4145 

imprisonment,  false  4188.  4189 

false  imprisonment    4188.  4189 

officer,  city,  malconduct  of 219,  223 

officer,   holding   without   qualifying    4077 

officer,  buying  appointment  to  4084 

amusements,  noisy,  etc.,  on   Sunday    4233 

females,   hiring  to  play  in   sah  ion    4243 

exhibiting  for  hire    4244 

indecent  exposure  of  pers.  in,  etc 4247 

house  of  ill  fame,  etc..  keeping,  etc 4251 

gaming,  cheating,  etc  .  penalty    4261,  4263 

gambling,  permitting  in  rented  houses   4262 

officer  failing  in  duty   4266 

lie  fouling  waters    4274 

nuisance,   maintaining   public    4275-4277 

pesthouse,  keeping   4278 

powder,  etc.,  storage  4280 

delivering  explosive,  etc.,  for  shipment   without  marking.  ,4280x 

powder   house,   maintaining    near   resilience   or   road 4280x1 

explosives  to  be  marked    4280x3-4280x5 

selling   illuminating    oils    not    standard    4290x 

doors  on   public  biddings  swing  outward 4299x 

refusing  to  give   assessor   list    of   property 4323 

toy    pistols,    selling,    etc 4281 

drugs,    failing    to    label     4282 

1.  ici  imotn  «■  hell,  failure  to  ring  42°1 

engineers,  etc.,  intoxication  of    4292 


INDEX    ["O    I  AWS    OF    l    I'  \ll  1039 

Misdemeanors     Continui 
Enumeration: 

train,  making  up  improperly  4293 

cposing  persons  to  4295 

railroad  employes,  violation  of  duty  by  4294 

lienor,  sale  to  female  in  wine  room 1242   29 

without    license    I242\l 

holidays    1242x25 

to  minors  1242x28 

in   theatres,  etc     4237 

near  grading  camp  1242x41 

on  election  da]  s   1242x25 

refusing  list  to  assessor,  etc 4321.  4323 

.  license,  doing  business  «  ithout   4.124 

crating  the  Sabbath  4233,  4234,  4238 

disturbing  religious  meetings  4236 

lawful   meetings    4300 

the  peace,  penalty   4310,  431  1 

unlawful   assembly    4303  4305 

rioters   refusing    to   disperse    4306 

officer   neglecting  duty    4307 

prize  fight,  being  present  at   4.10'' 

weapons,  exhibiting   deadly    4312 

if  certain    5062-5064 

rescues  4112 

Is,  retaking  from  officer   4113 

minor-,  permitting  in  saloon   124 

uling    water-     4274 

bling,  dancing,  etc.,  in   saloon      1242x28 

phys  ng  false  prescription  t"  evade  liquor  law. ..  .1242x15 

employer  violating  eight-hour  law   1337 

employing  in  mine-,  etc 1338 

employer  fail:  |     for  female  employe- 1330 

pawnbroker  failing  ti  i  observe  law   1710 

Money 

public   it  crime  4315  4318 

i.   in   lien    of   undertaking    

mission   may   borrow    206x6 

.    under   false  pretenses    206x49 

Morals 

crin  ■  4233  4247 

Municipal  Corporations 

169  313x1 


1040  INDEX   TO    LAWS    OF  UTAH 

Mutilation  Sec. 

of  public  records  by  officer   4119 

by  others   4120 

Name 

i  if  city  or  town,  when  given    169 

change,   of   person,   city,    town,    etc 1545 

petition   for.  cause    1545 

name    proposed    1 545 

other    requisites     1545 

district    court,   order    1546 

notice    published,    hearing    1546 

effect  lit'   1547 

Negligence 

claim  against  city  or  town   for,  presentment,  bar   312,  313 

New  Trial 
In  city  court : 

same   as   in  justice's   court    686x17 

New  Year's  Day 

a  legal  holiday   ' 1145 

Nitro-Glycerine 

explosives  containing  to  be  marked  4280x3 

storage  and  handling  of  explosives   4280-4280x4 

Nomination 

see  elections   822 

Notice 

of  claim    312 

Nuisance 

defilement   of   water,  note    4274 

public,   defined,   maintenance  a   crime    4275-4277 

prevention   in   cities    206x63.  70 

unused  railroad  tracks  in  cities   206x,  x33 

Oath 

all  officers  to  take    Con.  art    4.  sec.   10 

of   city   officers    216 

of  bail  commissioners   250,  251 

Obscene  Exposure 

■  it'  person   4247 


INDEX  TO    LAWS    OF  UTAH  1041 

Obscene   Publications  Sec. 

making  or  exhibiting,  penalty   4247-4250 

-mcitiL;  lewd  songs  in  public  4247 

arrest    for    exhibiting 424X 

nature    summarily    determined    4249 

h,.w    disposed   ol      4249.  4250 

Offenses.     See  Felonies,   Misdemeanors 
see  the  name  of  the  crime 

Office 

see  the  title  of  the  office 

buying,  selling,  or  influencing  appointment  to.  penalty....     4084 

willful  intrusion  into,  etc 4086 

crime   works    forfeiture  of    4066.  4111,  4317 

exercising    without    qualifying    4077 

disqualification  to  hold  for  certain  offense* 4066.  4111.  4317 

Officers 

election,    See  ele<  I 
bonds      See  bonds. 

of  corporation*  nol  eligible  to  citj  office Con    art,  12.  sec.  17 

city,    nol    to    be    interested    in    contract*    222,223 

appointment   of    214 

removal     215 

see   cities    213-227 

peace    officer*    defined    4609 

duties   245.  4539,  4540.  4609 

removal   of  city    215 

must   give  certified  copies   when    3376 

wrongfully  exercising  functions  4077,4086 

limitation   of  actions  against    2X78  2K80 

rtifj    bonds',  warrant*,  etc 14(1  149 

not  to  receive   fee*  in   criminal  cases       1005 

police  ma)    serve   "arrant*,  etc 246 

inhumanity  to  prisoners,  penalty    4141.  4143 

salary  may  be  garnisheed 311.K.  3113x1 

intervention  to  prevent  crime   4520.  4521 

must   arrest   rioter*    4544 

mand  rioters  to  disperse  4543 

ie*    from       See    rescues    4112.   4113 

uing   prisoners   from   custody 4112 

obstructing,   in   collecting    revenue    1320 

in   performance  of  dutie*        4081,  4112.  4142.  4320 

ted  to  prevent  4144.  4521.  4541 


1H42  INDEX  TO    LAWS    OF  UTAH 

Officers     Coin  i  iiued 

refusing  to  aid  in  making  arrest   4144 

to  arrest,  etc.,  penalty   4138 

resisting,  penalty    4081.  4142 

retaking  goods  from  custody  of   4113 

malconduct  of  city   219 

not  to  purchase   warrants    4325 

certificates     1031 

false  personation  of   4140 

assault   by    4143 

embezzlement  Or   falsification   of  accounts    4315-4319 

charging   illegal   fee>    1029 

failing  to  pay  over  fines,  fees,  etc 1027,  4319 

failure   to  transmit  books   to   successor    4088 

forfeits  office  by  conviction  of  crime   4066,  4111,  4317 

omission  of  duty,  a  misdemeanor   4153 

presentation   of   false   claim    to    4083 

allowing    wrongful    claim,    liability     1030 

receiving  reward   for   deputation    4085 

making  profit  of  public   money,   conviction,   disqualification  4317 

Removal  by  judicial   proceedings: 

begun    by    accusation     4689 

Official  Bonds.     See   bonds. 

Oil 

adulteration    of,    penalty    4290x 

Omission 

or  defect  in  certain   recorded   instruments,   effect 2010 

Ordinances 

cities.     See  cities,  subhead  "ordinances"   17S,  205.  206x87.  207 

Papers 

mutilation,  etc.,  by  public  officer    4087,  4088.  4119.  4315 

mutilation,  etc.,  by  others    4120 

Pardon 

by    maj  or      189 

Parks 

cities   may   lay   out    206x8 


INDEX    rO    I  AWS    I  I]    U  1  All  HM3 

Parties  Sec. 

Criminal  procedure: 

liable  punishment  4071,  1072 

principals  and  accessories   4073 

prosecution  in  name  of  the  State  of  Utah   4511 

Paving 

5,   subhead   "taxes"    256-282x9 

Pawnbrokers 

required   to   keep   record,   inspection    1708 

ive  information  i"  peace  officer  1708 

redemption  of  articles    1709 

failure  to  observe  law,  penalty   1710 

cities  may  regulate,  etc.    206x38 

Peace 

er,  defined  4609 

disturbing,  punishment    206x49,  43H> 

persons  refusing  to  disperse   4306.  431 1 

exhibiting   deadly   weapons,  penalty    431_' 

laj    offenses,   penalties    4233  I    : 

disturbing   religious   meetings,   penalty    4_'3(> 

lawful  meetings    4236,  4300 

Hi  it"  defined,  punishment  301,  4302 

arrest,  etc.,  of  rioters  4306,  1307,  4544.  4545 

and  unlawful  assembly  

crimi  ncrally    43iHl 

officer  t"  prevent  breach   4520,  4540 

n  preventing  breach   4144.  4521,  4541 

Peddlers 

ind  regulate 206x38 

Penal  Code 

of  misdemeanors      See    Misdemeanors 

defined 4iKii 

•lie-"  and  "misdemeanors"  defined    4062 

intent  <«r  criminal  ■lenient   of  crime     4068 

t.  how  n 

(lrunkenn  for  crime 

Penalty 

206x87 

limit   ■  -S7'> 

1029 
induct  in  tion  t"  hold.  K  •  6,  4317 


1044  INDEX  TO    LAWS    OF  UTAH 

Pending  Sec. 

criminal   action,   when  deemed    4603 

Person 

indecent   exposure   of    4247 

who   liable    to   punishment    for   crime    4071,4072 

name   changed,   when   and  how    1545-1547 

Personal    Property 

stolen,  unclaimed,  disposition  of  5118 

Pesthouses 

keeping,  penalty    4278 

Petition 

ti.  extend  city  limits    287 

Petit  Larceny 

jurisdiction,    city    court     686x13 

cities  may  punish   206x49 

Photographers 

cities  may  regulate  business   206x38 

Pioneer  Day 

a   legal   holiday 1145 

Pipes 

laying  in   streets    206x13,   14 

Place  of  Trial 

City    court,    civil    procedure: 

general    jurisdiction     686x10-686x12 

change  of,  grounds  for  686x30-686x32 

City   court,   criminal   procedure: 

change   of,  grounds   for    686x30-686x32 

Plats 

laying  out,  recording,  etc 2011-2020 

approval  and  filing   621,  2013 

may   be   vacated   or   changed    2016-2020 

penalty  for  selling  lots  before  recording   2015 

nl'  cemeteries  to  be  recorded 632x5 

Pleadings 

In   city  court: 

same  as  in  district   court   686x15.  686x29 


INDEX  TO    LAW'S    OF  UTAH  1045 

Pledge  Sec. 

-o    Pawnbrokers 

Plumbing 

cities  maj    regulate   20 

examiners  of   209x48 

Police 

citj    marshal,  duties  and   powers    245  .'47 

may    serve    process    244x,  24<< 

may  arrest   without   warrant,   when    247 

in   cities,   appointment    214 

removal    215 

< In t i t- -.  and  pow  ers  245-251 

bail  commissioners  249-251 

ordered  t>y  mayor  to  prevent  breach  of  peace  4540 

clerk  of  police,  duties  a>  to  property  5123 

possess  powers  of  constables  246,  251x5 

rtment   in   cities   of  over   12,000: 

created    25 1\ 

shall  consist  rid   subordinates   251  \1 

mayor  shall  appoint  chief  251x3,  251x11 

commission,   fix   number   and    -alary 251x4 

chief  may  appoint  or  remove   subordinates   251\i> 

ival  <>t'  chief  251x" 

city    recorder    notify    of    removal    251x6,  251x7 

chief   may    suspend    subordinate    251x8 

commission  prescribe  qualifications  and  duties  251x9 

Poll   Tax 

defined,  collection,  expenditure    1743 

collection   by   supervisor 1743 

ceipt    1743 

b>    action,    when    1743 

ipts    1743 

issui  jful    receipt,    penalty $322 

Poor 

burial    by    cit\  , .  206x66 

Pool   Selling.  Gaming  4261 

Population 

maj    t.ilo-         206x71 

•■,■-  by  174,  175 


1046  INDEX  TO     LAWS    OF  UTAH 

Posse  Sec. 

refusing  to  ji  mi.  penalty  4144 

who  may  assist  officers   4521 

officer  may  command  assistance   4144,  4541.  4621.  464D 

Possession 

adverse,  ni.nr  against  city,  etc 2866x 

Posting 

of  city  ordinance  before  going  into  effect   205 

Poultry 

cities  may   restrain    From    running  at   large 206x67 

Pound 

cities  may  establish    206x67 

Powder 

unlawful    storage   of    4280 

storage   regulated   in   cities 206x59 

boxes,  etc.,  to  be  marked 4280x-4280x3 

not   to   be   mixed    4280x4 

bouses,   unlawful    to    locate    near   residence,    etc .4280x1 

Powers 

of  city  police  and  marshal 245  251 

of  commission.     See  Cities 206 

of  officers  generally.     Sec    title  of  the   office. 

Precinct 

name  of.  how  changed 1545 

Prevention  of  Crime 

by  officers  and  others 4144,4520,4521,4541 

attendance  of  police      4539,  4540 

suppression  of  riots 4301-4307,  4541.  4545 

Primary  Elections 

See   elections    821, 821x-821xl 

Principals  and  Accessories 

in  crime,  how   distinguished 4070.4073 

Prison 

located  at   Sail    lake  City Con.  art.  19.  sec.  3 

ciity.  control,  etc 206x61 

escape,   penalties    41  IS 


INDEX  TO    LAWS    OF  UTAH  1047 

Prisoner.     See    Defendant. 

in. iy  appear  in  person  or  by  counsel 4513 

counsel,  entitled  to    4513 

.  o(         4513 

testify  in  ln>  own  behalf 1513 

not  compelled   to  testify 4515 

to  be  confronted  by  witnesses              4513 

to  have  compulsory  process  for  witness 4513 

i..  have  speedy  public  trial 4513 

right    to    ;i i •  i >■  ;t  1 4513 

not  compelled  to  advance  fees 4514 

must  be  convicted  according  t"  law 4 5 1  f > 

not  t"  be  subject  t..  unnecessary  rot  mint 4i>M< 

refusing!                 ifficer  in  arresting 4 14-1  I    i 

penalty  for  delaying  examination 4139 

to  have  a  receipt  for  property 5122 

if  property  of 5122.  5123 

weapons  taken  from  on  arrest 4647 

arresting  without  lawful  authority 414n 

am-  ' 163 

Prize   Fights 

engaging  in,  penalty    431 18 

•  •u  Sunday   4233 

sped  .  punishable 430f 

Procedure 

city  court.     S  .nrt 686x.  686x36 

Process.  ■    Summons,  Execution,  Warrant  An     t 

212 

212 

246 

•  1  by  citj    justice,   service 212.  246 

of  city  court,  k 

d   l>y   sheriff 

Proclamation 

..  thanksgiving       1145 

arbor  day  114o 

m  holidaj  1242x33 

Property 

qualifical 


1048  INDEX   TO    LAWS    OF  UTAH 

Prosecution  Sec. 

in  the  nam.'  of  the  State  of  Utah Con.  art.  8,  sec.  18;    4511 

limitation  of  actions 4597-4603 

Prostitution 

keeping  or  frequenting  house  of 4251.  4472 

cities   may    punish 206x40 

Protest 

paying  license  or  taxes  under 2684,2685 

Provisions 

sale,  inspection    206\43.  44.  45 

Publication.     Sec    Printing. 

of  summons  in  city  o  iurt 086x14 

of  annual  city   statement 199.231 

of  rules  of  city  court 686x9 

Public  Buildings 

doors  of  to  open   •  nit  ward , 4299x 

city,   erect,   etc 206x5,55,61,72 

no   lien   upon   except 1399.    1400x 

Public  Money.     See   Money. 

Public   Nuisance 

what   is,   penalties 4275-4277 

offense,  what  may  be  termed 4278-428(1 

Public  Offenses 

See  the  name  of  the  crime. 

See  Crimes.  Felonies,   Misdemeanors,  Criminal  Action. 

prosecuted  by  information  or  indictment,  exceptions 4509 

prosecuted  in  the  name  of  the  State  of  Utah 451 1 

Public  Officers 

see  Officers.   State   (  (fficers,   County  Officers, 
see  the  title  of  the  office 

Public  Parks 

cities  of  the  first  class  may  maintain 1713x1 

lands,    how    acquired 1713\2 

control  vested   in   board   of  park   commissioners 1713x3 

appointment    of   commissioners,    vacancies 1713x4 

Id  .    oath,    bond 1713x5 

not  to  be  interested  in  contracts 1713x5 

meetings  1713x6 


INDEX    ["(  I    LAWS    "1    U  LA  1 1  1049 

Public   Parka— Continued 

majority  to  constitute  quorum 1713x6 

organization 1713x7 

ers,  etc.  1713x7 

employment  of  park-keepers,  etc 1713x7 

powers  of  commission 1713x8 

exclusive  management  and  control  ol  parks,  etc 1713x8 

lusive  power  to  lay  "ut.  etc 1713x8 

to  prohibit  injurious  traffic,  etc 1713x8 

■  .nit  license  i"  vend  goods  on  streets  and  sidewalks. ..  .1713x8 

powers  to  expend  monej    1713x9 

park    fund    1713x10 

power  t"  expend  park  fund 1713x1.0 

or  personal  property  may  be  granted,  bequeath,  etc. ..  1713x11 

such    property    to    be    received    in    trusts 1713x11 

rent-  and  profits  to  become  part  of  park   fund 171A1  1 

annual  tax  levj      1713x12 

!>•  'aril    to   recommend 1713x12 

proceeds  to  go  t"  park  fund 1713x12 

parking  districts    1713x13 

powers  of  board  as  to  parking  districts 1713x13 

Special  tax  for  park  improvements 171.i\14 

ssments,  how    made 1713x14 

lelinquent,  when  1713x14 

llected  and  forced 1713x14 

iwner  may  make  own  improvements 1713x14 

ml  appro  >anl ..1713x14 

board    -hall    -it   as   board   of   equalization   and    review 1713x15 

ti   aggrieved   may   appear 1713x1? 

shall  hearing 1713x15 

board  ma;  orrection 1713x15 

may   recommi  emnation   of  property 1713x16 

•  Ite I713x  16 

lemnation  proceedings   in   name  of  city 1713x16 

n   it  estimates  of  funds  i  .1713x17 

1713x18 

annual  rep  »rl  1713x18 

1713x18 

ursements,  etc  . .  1713x18 
shall  show  all  I  rd  1713xlS 

Public   Records 


1050  INDEX   TO    LAWS    OF  UTAH 

Public  Schools  Sec. 
Taxes: 

school    property    exempt    from 1933 

city,  each  one  district 1934 

interest  and  sinking  fund 1936 

levy  and   collection 1936 

apportionment    to    1935 

Public  Trial 

defendant    entitled    to Con.  art.  1,  sec.  12;     4513 

Public  Use 

property    shall    not    be    taken    for.    without    just    compensa- 
tion     Con.  art.  1.  sec.  22 

Public  Works,  Board  of 

See   Cities    286 

Punishment 

of  public  officer,  forfeiture  of  office 4066,  4317 

limit    under    city    ordinance 206x87 

at   labor    1>\     cities 206x51 

Qualifications 

of  voters  at   special  election 308 

Quarantine 

See   Health    1110 

power  of  h  ical  bi  lards 1 1  111 

of  cities    206x64 

Racing 

on  highways,  etc 4296 

Railroads 

Operation: 

Bell  on  locomotive,  failure  to  ring,  penalty 447.4291 

trains,   improperly   making   up,   penalty 4293 

Mi-c.  ll.ini  ■  -us: 

employe  intoxicated,  penalty 4_"J_' 

criminal    negligence,    penalty 4294 

in  cities,  tracks  unused,  a  nuisance 206x,  206x33 

consent   to   use   street 206x32 

change  of  grade  or  location 206x33 

fences,  crossings,  etc.,  required 206x34 

flagmen  at  crossings      206x35 

ttates   required    206x1 

conductor  must   take  person  arrested  before   magistrate.  .4139,  4650 


INDEX    ro    I  AWS    I  »l    U  I  All  nisi 

Real  Property 

.mil  5ubdivisii  ns  2011-2020 



title  not  within  city  court  jurisdiction 686x11 

2701-2719 

idgmenl  on 686x  1 9 

Receipt 

for  fees  paid,  liability  for  failure  to  givi    1026 

surer  *liall  give 235 

tax  without  (riving,  penalty 4322 

.   taken  from  arrested   5122 

Receiving  Stolen  Goods 

if  b)    law  51  IK  5123 

Record  and  Records 
rder. 

-   632x5, 

deeds  record  validated 2007-2010 

maps,  plans,  etc.,  city  engineer's  '• 

idgments,  of  city  court,  lien 686x19 

public,  may  be  inspected  or  copies 1375 

of  5376 

public  writings,  evidence  of,  etc 3395 

judicial,   in    evidence 

"trio,  prima  facie  evidence 5389,3395 

property,  bj   p  51_'.! 

kept  by  officer.     Sec  the  title  of  the  ol 
nrt. 
the  title  of  the  office. 

rrender,  etc 4087,  4088,  4315 

naltj  41 19,  4120,  4315 

w  punished 4119,4120 

trument  for,  penalty U21 

41  T'  4121.4315 

Recorder 

228  23 I 

Redemption 

with  pawnbroker  1709 

Referee 

41iU 
1 1 1  j 


1052  [NDEX  TO    LAWS    OF  UTAH 

Referendum,  Initiative  and  Sec. 

provisions  as  to C  in.  art.  6,  sees.  1.  -2 

Registration 

See   Elections. 

for  municipal   election 817.  887-891 

Release 

of  sureties,  on  deposit 3494 

Religious 

meetings,  disturbing,  penalty 4236 

Removal 

of    city    officer 215 

of  director-  i  if  public   library 1362 

Repairs 

of  street  paving.  In  i\v  made 280 

Reply 

in  city  court 686x15 

Report 

of  city  officers,  to  commission 206x84 

recorder 230,  231 

treasurer 2^7 

of  city  officers,  public  libraries 1366 

Reporter 

stenographic  of  city  court 728x2-728x4 

Rescue 

from  custody    4112 

may  break  open  doors  to  retake  after 4656 

retaking  after   4655 

goods   from    officer,   penalty 4113 

Reservoir 

owned  by  cities 206x18 

Residence.     See   Non-Resident. 

to  vote  at   municipal   election 889 

Resignation 

of  nomination   for  office 834 

Resistance 

to  an   executive   officer 4081.  41  12,  41 13.  4142 


INDEX    ro    I   VWS    OF    UTAH  1053 

Restaurants 

.206x38 

Restitution 

pi  rtj  5119,  5120 

Retaking 

property   from   officer,  penalty..  4113 

criminal  aftei  rescue...  4642 

Return 

irl  686x14 

Returns 

,   Municipal .  .  891 

Revenue 

ir,  in  citie  U.86 

Crimes  against: 

4315  4317 
"public  in  l<  fined  •  ■     4318 

.  etc.,  misappropriated.  4319 

4.i_'il 

iin-  or  value  of  pn  ipcrtj      

dulent   receipt  for  taxes  4322 

lusiness  without  license 4324 

takinf  for  tax  or  license  without   .  4.^22 

4323 

ers  prohibited  from  purchasing  warrants  4325 

Reward 

41  IS  J 

intment  by  public  offic  4085 

Riot 

limit  ity  for  'lama.  2879 

punished  :  ' 

4306,  4.M  1 

4.*i  >7 

15  li  4545 

454J 

454.! 

I 

i 

67 


1054  INDEX  TO    LAWS    OF   UTAH 

Rout  Sec 

defined,  how    punished 4303 

Rules 

city  court  may  make '....  686x9 

take  effect  when 686x9 

Salaries 

of  city  officers,   fixed  l>\   ordinance 225 

judge  686x6 

of  public  officers  and  employes,  garnishment 3113x, 3113x1 

Sale 

of  liquor  to  minors,   insane 1242x28 

i"   habitual    drunkard,  penalty 1242x28 

on  Sunday,  penalty 1242x25 

to  female  in  wine  room 1242x2'J 

•  in   hi  iliday,  when   fi  irbidden 1242x25 

w  ithi  nit  license,  penalty 1242x1 

i  m    election    day 1242x25 

at   theater-.,   etc..   penalty 4237 

near   grading   camp 1242x41 

on    Sunday-,   penalty 4234 

of  obscene   publications,  etc.,  penalty 4247 

Saloons 

i  ipen  on  Sunday,  a  misdemeanor 4233,  4254 

females  employed  in 4243.  4244 

license  generally    1242x1 

city  powers   ....  - 206x41 

permitting  minor  in,  penalty 1242\2S 

open  on  election  days,  a  misdemeanor 1242x25 

license  may  be  revoked 1242x10 

application  for  license  may  be  refused 1242x5 

Salt  Lake  County 

boundaries       475 

Salt    Lake   City,  county   seat. 

Scales 

inspection  and  sealing  in  cities 206x46 

Scrip,  City 

power   to   issue   for   local   improvements 282x 

how   issued,   interest 282x1 

redemption  282x2 

lien  i  in  property,  sale 282x3 


INDEX    I"    I  A  US    OF  UTAH 

Seal 

of  court  or  public  officer 339tf 

ity  court     686x34 

form    686x35 

.  ustodian    686x36 

ity  engineer -'4-K.< 

Second-Hand  Dealers 

required  to  keep  records,  etc 1708, 1709 

lation  in  cities .  ,206x38 

Secretary  of  State 

dut)   i>n  organization  of  city 171 

Member  •■!'  l>"ard>: 

commission  on   voting  machines 

Section 

refers  to  Salt  Lake  meridian,  when 457 

Sentence 

city  court,  same  a~  in  justice's  court 686x29 

limit,  under  city  ordinance 206x87 

Service.     See  Publication. 

city  court 686x  14 

by  police  officer 244 

na.  city  court 686x2] 

Sewers 

-  build,  repair,  regulate 206x13,37,48 

connections  ordered  by  commission 271 

cities  or  towns  may  incur  indebtedness  for 308 

Shade  Trees 

>rk- 

Sheriff 

process,  from  city  justice's  curt,  service 212 

from    city   curt 

Shipping 

Short-hand  Reporter 

728   -        I 

Sidewalks 

pow  ■   •  J"".  255. 282x2 


1056  INDEX  TO     LAWS    OF   UTAH 

Signs  and  Banners  Sec. 

cities   may   regulate- 206x25 

Sinking  Funds 

city,  for  redemptii  m  i  if  i>.i\  ing  b<  mds 260 

curbing  bonds    263 

water    bonds     310 

may  be  invested  in  bonds 2063x19 

Skating  Rinks 

cities  may  regulate 206x38 

Slaughterers 

city  may  license  and  regulate 206x69 

Smelters 

cities    maj    ri  gulate 205x38 

Songs 

singing   lewd   in   public 4247 

Special   Proceedings 

in    city    court'- 686x29 

Special  Tax 

for  local   improvements.     See   Cities 255-281 

funds    composed    of    what    money 238,  282x4 

kept   separate    282x5 

warrants  for  local   improvements 282x4-282x9 

city  scrip    282x-282x3 

State 

actions  prosecuted   in   name   of 4511 

capital    located    at    Salt    Lake    City Con.  art.  19.  sei    3 

property   exempt    from   taxes 2501 

State  Fair  Association 

state   fair  located  at  Salt   Lake  City Con.  art.  19.  sec.  3;     2219 

State  Prison 

situated  in  Salt  Lake  County;  Con    art    19,  see.  3 2219 

Statute  of   Limitations 

criminal    actions     4597  4603 

provisions  applicable  to  city  courts 686x29 

Statutory   Liability 

action   cm.  within   what   time   to  be  brought 287/ 


INDEX    rO    LAWS    0]     UT  \h  1057 

S'earr   Boilers  and   Engines  Sec. 

city   may   inspect,   etc 206 

cits  206x60 

Stenographer 

City  court: 

judge  may  employ,  when 728x2 

compensation,   how   paid '. 728x3 

fee,  taxed  as  o>-t> 728x4 

Stipulation 

to  tr\   case  before  judge  pro  tempon  6! 

Stolen   Property 

«  lien  returned  to  owner 5118  5120 

sal  of  proceeds 5121 

Jit  int"  court,  clerk  to  keep  record  of 512.' 

Street  Cars 

•   may   regulate 206x38 

Streets 

JdoxS.  _'55.  _'SJ 

title  t"  can  no i  be  acquired  by  adverse  possession 2866x 

improvement   of    255-282 

damage  to  property  by  changing  grade  of 282 

Subpoena.     See  Witnesses 

defined   $417 

may     require     I ks     and     paper- 5417 

how  issued    34 IS 

for   what   purpose   issued     3418 

ice,  how  made   341'* 

y    per-.. ii 3419 

I'r.mi  city  court 686x21 

allowance   for  distance Uh 

ncc   lief,  .re    referee,   etc 3372 

Summons 

n  city,  town,  county,  etc 2948 

in  criminal  proceedings  against  corporation 212x1 

From  city  court: 

686x14 

Sunday 

gal  holiday ...     1 145 

42 


1058  IXDEX  TO    LAWS    OF  UTAH 

Sunday — Continued  Sec. 

commences  and  ends  when 4240 

sale  of  liquor  on,  penalty 1242x2.s 

Tax 

special.     See   Public  Schools,  sub-head  "Taxes,"  and  Cities. 
sub-head  "Taxes." 

Taxation 

Property  liable   to   taxation: 

all  property  to  be  taxed  unless  exempted.  .Con.  art.  13,  sec.  2:     25111 

Exemptii  ins : 

public   lands,   churches,   cemeteries,  ditches,   etc 

Con.  art.  13.  sec.  3;     2502.  2503 

Levy  and  lien  of  taxis: 

See  "cities  and  towns"  hereunder. 

lien  city  and  town  taxes 2i i'M 

municipal  special  taxes '. 281 

State  board   of  equalization: 

only  basis  i  if  taxatii  m 2565 

Error,  illegality,  delay,  etc.: 

payment  under  protest 2684 

judgment,   repayment    2685 

superseded   injunction    2686 

County  auditor's   duties: 

t'>  allow  cost  ■  if  collecting  tax.  when 2<>N4 

Cities  and  towns: 

assessment  and  collection  generally 2565.  2691.  2694 

assessment  by  county  assessor 268" 

assessor's  statement  to  cities  of  the  first  and  second  class..  2688 
copy    of    assessment    rolls    to    cities    of    the    third    class    ami 

towns  2688 

county  officers  liable  on  bonds 2692 

treasurer's   settlement  with  cities 2693 

collection,  cities  first  and  second  class 2691 

cities  third   class  and   towns 2693 

due  and  delinquent,  when  lien 2694 

taxes  on   restriction   of  limit- 291 

on  disincorporation   291 

for  interest   on   water  bonds 510 


INDEX   T(  >    LAWS    I  >l    UTAH  1059 

Taxation     Continued  Sec. 

cities,  rate,  Fixed,  when 254,2689 

commission  may  levy,  lien 206x3,253,2689 

contingent    expenses    253 

water  supply  253 

streets  :t 1 1 1 1   sidewalks 253 

sewers  and  drain- 253 

lights,  telephones,  etc 253 

towns,  rate  fixed,  when 2689 

trustees  may  levy 2689 

remission  2690 

collection 

equalization  2690 

• 255  282,2696 

purposes  255.  279 

notice  of  intention 273 

levy,  how  made -'5''.  -'74.  275 

when  made   277 

total  cost  in  one 276 

paving  tax   257 

special  taxes,  levy,  repaving  tax 2*{i 

notice,   delinquency    278 

collection  258 

street    intersections    259 

railway-         267.270 

proportionate  benefits    -'>-.  274 

error  in,  t..  avoid 

if  held  void  new  levy  made I 

equalization   2t\? 

lien 281 

-crip   issued    against  282x  282x3 

warrant-  gainst 282x4-282x9 

I.  commission  may  district  for  206x16 

held  iaj  fund 238 

'i   may   t'ix 206x21 

206x38.39.41,68.86 

money  paid  into  u>  209 

street  n  may  levy 2,''\X\.25.*.25?<2>i2 

public  libraries,  in  cities  <>t'  ur-t  and  second  class  1360 

auditor  to  furnish  annua!  estimate 230 

t . .  k .  2.^1 1 

212 


1060  INDEX  TO    LAWS    OF  UTAH 

Taxation — Continued  Sec. 
Poll    tax: 

'•rally    1743 

duties  of  street  supervisoi      1743 

Telegraph 

warrant,  etc.,  may  be  sent  by 4651 

Thanksgiving  Day 

a  legal  holiday 1145 

Theaters 

unlawful   for   female   to  dance,  etc.,   for  hire  except  in 4244 

unlawful  on  Sundays 4233 

vale  of  liquor  at,  prohibited 4237 

cities  may  license ' 206x38 

Ticket  Scalpers 

cities  may  regulate 206x38 

Time 

of  commencing  action      See    Limitation-, 4597-4603 

ti  i  answer,  city  ci  mrt 686x14 

to  appeal,  civil  city  court 686x17 

en  m  in  a  I    city    court 686x17 

fiscal  year,  city,  begins  January  1 252 

Title 

defective  instruments  of  record  validated   2010 

to  real  estate  given  by  mayor,,  etc.,  validated  2007-2010 

Towns.     See   Citie-. 

may  grant  depot  sites   313x 

trustees   to   call   election   on   issue  of  bonds,  procedure 309 

trustee,  to  dispose  of  boncjs  and  lexy  tax  310 

estrays  in,  unaffected  by  state  laws  35 

name  changed,   when  and  how    1545-1547 

disincorporation,   proceeding,    293-298.  307 

damages,  claim,,  bar  312 

presentment  of  claim,  bar   313 

bonding   for  light,  heat,  etc 308-310 

bonds,    is, nance    to    cover    floating    debt    at    time    of    state- 
hood      1067.  1068 

limits,   extension    287,  307 

re, friction     287,  307 

right,  not  affected  by  general  act   177 

election,    general    887-891 

registration    817.  821 

contract,   let   to   lowest   bidder  after  publication    313x1 


[NDEX  TO    LAWS    I  >l    U  I  All  1061 

Towns — Continued  s> 

Change  to  citj 

class    175 

judicial  notice  taken    . .  176 

officers  not  affected    I"1' 

ordinances  not  affected    178 

Special  charters  repealed: 

towns  perpetuated   311 

officers  to  continue 311 

rights  not  affected   311 

i  generally   311 

ordinances,    effect    upon    311 

Townsites 

ering  under  act  oi  congress  2703 

duty  of  mayor  or  judge  2701 

occupant,   who   is,    note    2701 

conveyance,    when    mayor    is    claimant    2709 

lands    reserved    for    public    uses 2718 

lication  of  proceeds  of  sales   2719 

Toy  Pistols 

selling   oi  away,  a   misdemeanor    4281 

Tracks 

railroad,  board  of  commissioners  maj  order  removal. .  206x,  206x33 

Tramps 

vagrancy,  city   may   punish    206x51 

Transcript 

of  judgment  of  citj   court   686x19 

Treasurer 

I    ties      232-238 

Trespass 

cities    may    punish     .  .  ,, 2ik>\?_' 

limitation  of  action   for   2877 

Trial 

City  court : 

ill}  6S 

Tunnels 

supervised  by  cities  206x36 

Unclaimed  Property 

in    hands    of    the    law    5121 


1062  1XDEX  TO    LAWS    OF  UTAH 

Undertaking  Sec. 

deposit  instead  of  3494 

not  required  of  state  or  public  corporation    3495 

United  States 

property   of.   exempt    from   taxation    2503 

jurisdiction   ceded   to,   over    Fort   Douglas   and   Duchesne.  .  .963x3 
officers    not    to    receive    witness   fee,   when    11X15 

University  of   Utah 

located  at   Salt   Lake   City    Con.   art.    10.   sec.   4 

Unlawful  Assembly 

defined    4304 

magistrate   failing   to   disperse 4307 

punishment  of   4305 

remaining   at,   after    warning,   penalty    4306 

Vacancy 

forfeiture  of  office  by  conviction    102'' 

by  absence,  city  judge   686x4 

Vacating 

city  or  town   plat    2016.   2019 

Vagrants 

cities  may  punish    206x51 

Validation 

of   defective    instruments    of    record    2007-2010 

Value 

property    taxed    in     proportion    to     2501 

Venue,  Change  of 

city    courts    686x30-686x32 

Voter 

bribe,  offering  unlaw  ful    892 

Voting  Machines 

see  elections    868x-868x-19 

Warrant 

City: 

power  to  issue  for  money  borrowed    206 

auditor  to  keep  record  of  outstanding  230 

statement    published    annually    231 

treasurer  to  cancel  when  paid   232 

to   turn   river  monthly    232 


INDEX  TO    LAWS    OF  UTAH  1063 

Warrant — City — Continued  Sec 

pay  monej   only  upon,  except 233 

must    pay   in   order   presented    234 

to  keep  register  specifying  detail- 237 

to  report  to  commission    237 

commission   shall  examine   same    237 

Miscellaneous 

purchase  by  officers  unlawful  4.525 

and   bonds   to   be   certified   to   be   within   debt    limit 14o  14'» 

Washington's  Birthday 

a  legal   holiday    1 14? 

Waterworks 

municipality  may  not  ■-ell  or  lease  I  on    art.  11.  sec.  6 

may    exchange Con.  art.    11.  6 

cities  may   constrcut,  maintain  and   control 206x14.  15.  75 

jurisdiction  "ver   206x15 

connections  ordered  by  commission  in  paving  district..  271 

-penal    Ia\    for    27'> 

bonded  indebtedness  for  authorized,  Con    irl    it    sei     I        308-310 

purchase   or  lease   by   cities   or   towns    206x2 

eminent     domain     for     206x2 

unlawful    purchase    or    lease    206x3 

Weights   and    Measures 

inspection   and   sealing   in   cities    206x46,  47 

powers  of  cities,  etc.,  not  abridged   2730 

Witness 

Criminal    procedure: 

defendant    need    not    testify    against    himself 451? 

subpoena  issued  for  witness  for  defendant,  when   1004 

to   gaming   must    testify    426S 

evidence  not  used  against   4265 

for  defendant  at  expense  of  -tate   IhiM 

fees,  when  subpoenaed  for  defendant    1004 

rs  testifying,  not  entitled  to  1005 

double,    not    to    be    paid     1006 

per  diem   city  court    '  - 

Writings 
Public: 

citizens  may  inspect  and  copy  337? 

officer-    must    give   certified   copy   on    payment    of   fee  3376 

other    official    documents    proved,    how     ...     .  33X7 

entries  in  official  record-  prima  facie  evidence 5389 


INDEX  TO  REVISED  ORDINANCES 

Sec. 
Abusive    Language     996 

Accounting   of    Officers    767.  770 

Acts  Deemed  a   Nuisance    209 

Adulteration 

of  food    84-103 

of   milk,    etc 91 

of    oil    186 

Agents 

liability   of    5 

Alleys 

unpaved  private,  nuisance   200 

private    district    200 

ti  *  l>c  kept  clean    224 

Analysis 

of  city   water    ■ 223 

Animals 

selling    sick     9 

leaving  on    street    9 

accidentally    killing     10 

removal    of    10 

liability    of    persons    removing    11 

selling  diseased    12 

cruelty  to    13.  997 

penalty    14 

slaughtering  of.  rules,  inspection   150-169 

inspection  of,  rules   150-169 

dead,  removal   206 

rabies,  hydrophobia    234 

carrying   contagious  disease    235 

killing-   or   poisoning    998 

driving  through  streets   999 

keeping  certain   within   city    KIIMl 

Apples 

may   be    sold   1>\    box 178 


INDEX  TO    REVISED    ORDINANCES  1065 

Arches  Sec. 

permit,  bond,  etc I  ISO 

Auctioneer     15 

license    IS 

bond    15 

receipt    for   k""<1>    16 

obstructing  streets,  etc 17 

penalty    is 

Auction   House    IS 

Automobile 

ige,  license   I 

definitions      19 

location     ...  2o 

permits  t>>  maintain   .  .                                                              ...  21 

application     22 

publi                          23 

garage    fire    protection    24 

ilations    25 

Auditor 

duties  : 

certificatii  ids,  warrants   

provisions  governing  538 

certifying,  protection  of  539 

financial   statements,   publication    541 

transfer  bi                542 

salary    54.' 

oath,    bond    544 

lintment  deputies  and  assistants   .  545 

tional  duties,  notes    54<> 

Awnings 

m.   bond,   eti  1 150 

Bakeries 

rule-  concernin 

Bankers 

Berries 

:ked  in  standard  cup-  178 

.  unlawful  17r> 


1066  INDEX  TO    REVISED    ORDINANCES 

Billiard  Table  Sec. 

license     847 

Births 

registration    61     236 

Board   of   Equalization 

special    tax     1158 

Board  of  Estimates  and  Apportionment    1089-1090 

Board  of  Health 

created.      Sec    Health    33 

appointments,   officers,   etc 34 

salaries    of    35 

meetings  of  36 

duties     37 

departments    38 

heads  of 39 

officers,   employes,   appointments    40 

inspectors    41 

employes    42 

oaths    and    bonds    43-45 

inspectors,  police,  powers    46 

duties  and  powers    47-70-33-240 

quarantine    regulations    48-57 

right    to   enter    premises    49 

contagious  diseases    50 

rules    concerning    51 

physicians  to  report  to   52 

jurisdiction    in     schools     58 

tuberculosis  to  be  reported   59 

records,   protection    of    60 

premises,  disinfection   of    61 

prohibiting  occupancy  of   62 

tuberculosis,  carelessness  of  person  having   63 

report  of  recovery  of  patient   64 

physician^  to  make  statement  of   65 

infantile    paralysis     66 

typhoid  [ever   67 

other   contagious   diseases    68 

duty  of  undertaker    69 

penalty    »0 

Bone  Crushing 

offensive,  a   nuisance    202 


INDEX  TO    REVISED    ORDINANCES  1067 

Boarding   House   Keeper  Sec. 

license    849 

Bowling  Alley 

license    ^' 

Boundaries  of  City  242 

Boxes 

fruit,  not  to  be  used  twice  179 

Brokers 

license       878 

Bucket   Shops 

and   bucketing    24.3 

definition     243 

witness  not  excused    244 

Building  Ordinance 

access  at  sidewalks  t..  water,  gas  and  electric  service   505 

to  roof  in  all  buildings   465 

-  in  moving  picture  places  439 

in  public  halls   414 

in    theatres    414 

t..  exits  in  moving  picture  places    43") 

alley,  defined   271 

alteratii ins,  defined  271 

anchoring    columns    329 

anchors  and   ties   376 

apartment  houses,  defined   27\ 

if  buildings,  general  provisions    271 

lintment     247 

arches  and  lintels   505 

area    of    l"t    occupied    523 

walls    for   hydrant    protection    333 

264,  506 

nts                         250 

r  facing,  thickness                      293 

defined     271 

matic  sprinklers  in  theatre-   425 

liary  fire  appliances  in  buildings  '. 

awning-,    -hade-,    construction 

balconies  and  stairways  on  theatre-                     410 

barricades  t"  be  erected  during  construction   511 

:ment,    defined       271 


1068  INDEX  TO    REVISED    ORDINANCES 

Building  Ordinance — Continued  Sec. 

base*   for  columns    328 

bay   windows    500 

defined    271 

in    frame    buildings     402 

belts  on   buildings,   general   provision    501 

billboards     516 

boilers  lor  pumps,  where  located 497 

bond-   249-264 

bond  iron  in  class  "C"  buildings   386 

brick  masonry,  how  made 290 

piers    292 

walls  m  class  "A"  buildings  344 

kind   to   be   used    281 

bridging  in   frame  buildings    100 

building,  class  "A"  273 

T."   274 

class   "C"    275 

mill  construction  276 

frame  or  wooden    277 

building   or   structure,  defined    271 

buildings,   classification    272 

demolition   of    270 

building  inspector,  duties  of   252-255 

buildings  in   fire  limits    257 

cast   iron   bases,   requirements    315 

columns    316 

oast,  iron    314 

eilings  in  class  "A"  buiRlings 354 

in  class  "B"  buildings 365 

in    class    "C"    buildings    381 

in    theatre-     41J 

cellar,   defined    271 

cellar   ceilings   in    tenements    532 

cement    and    lime   mortar,    how    made    2^7 

cement   mortar,  how  made 286 

chimneys  of  cupolas    474 

and  flue-,  general  provisions  of  construction 466-475 

cla-s  "A"  buildings,  special  provisions   335-355 

"!'•."  special   p  relating   to 356-367 

"C"   buildings,   special   provisions   relating   to 368-386 

columns,   defined    271 

'••i-i  '""i   316-337 

in  class  "C"  buildings   371 


INDEX  TO    REVISED    ORDINANCES  1""'' 

Building   Ordinance — Continued 

communicating     opening     in     exterior     division  and   party 

walls    449 

compensation    -'48 

concrete,    defined    288 

construction  of  balconies  and  stairways  in  theatres  41(i 

..f   class   "B"    buildings    366 

of   i iri-   ^hut t ii~    452 

cornices,  general  provisions   501 

on   class  "  \"   buildings    '41 

court,   defined    271 

courts,  interior   384 

cupola    chimneys     474 

curtain  wall,  defined   271 

fi ir  class  "C"  buildings  183 

dangerous  buildings  254 

definition  i  >i  terms   271 

demolition  of  buildings    270 

iartment  of  streets   251 

gn  in  general  of  structural  part-  of  class  "B"  buildings  358 

olumns  in  class  "B"  buildings 361 

diagram  of  theatre  on  program  454 

dressing   rooms  in   theatres    419 

drying    n                instruction    4S5 

Kings,   defined    271 

electric  service,  access  at   sidewalks    505 

electrically    heated    appliance-     476 

elevator  enclosures  in   basements       454 

service   tor   fire   department    198 

shafts  ami  hatchways,  general   provisions    455  45'* 

enclosures   for    454 

■  al    provisions    455  45'' 

-    and    gearing    455 

enclosures  at  sidewalk  for  via-,  water  and  electric  service..  50S 

engineers'    stationary    ladders    510 

exhibition  buildings   443 

ting    parly    wall-      3lH> 

theatre    buildings    452 

frame  lodging  house-,  hospitals,  asylums  I 

in   halls,  etc                                                                        441 

in   theatre-  412-441 

how    marked    .  .  427 

im  theatres  4no 

ns,  bonds  264 

68 


1070  INDEX  TO    REVISED    ORDINANCES 

Building  Ordinance — Continued  Sec 

facing  for  brick  walls   294 

fees   to   erect    signs 263 

to  erect  billboards    263 

for  permits    263 

fences    515 

filler  wall,  defined    271 

fire  department  detail  in  theatre 438 

to  control  fire  apparatus  in  theatres 437 

doors,  construction  of   450 

escapes,   construction    of    489 

for  tenement   houses    487-530 

general    provisions    for     487 

limits,    defined     271 

limits     256 

buildings  in  257 

protection    in    theatres    423 

wall   defined    271 

fireplaces,  general  provisions   467 

lire    alarm-,    in    theatres    435 

in    other    buildings 488 

fireproof,  defined    271 

room  for  steam  boilers  or  furnaces   478 

fireproofing  class  "C"  buildings   385- 

in  class  "A"  buildings  355 

flats,    defined    271 

floor  and  roof  construction  in  class  "A"  buildings 347 

covering  in   class   "A"   buildings    352 

lights 504 

slabs  in  class  "B"  buildings   360 

floors,  brick    ! 349 

reinforced    concrete     350 

special    351 

temporary    512 

terra  cotta   348 

in   class   "C"  buildings    377-389 

in  mill  construction  buildings    389 

in  yards,  courts,  etc 507 

flues,  areas  for  flues,  chases  and  recesses  in  walls   

construction     466 

fly  galleries   in   theatres    422 

footings,    defined     271 

foundation,    defined    271 

foundation    loads    on    soils,   table    319 


INDEX  TO    REVISED    ORDINANCES  107] 

Building   Ordinance — Continued  Se< 

dation   walls  of  frame  or  wooden  buildings 196 

foundations,  combinations  of  brick,  stone  or   concrete....       331 

plain  concrete  325 

of  reinforced  concrete   326 

of  steel  grillage    323 

ol    stone    324 

on  brick  work '23 

■  Hi    piles      i21 

On   rafts    322 

shape  of  531 ' 

foyers  in  theatres   41.1 

frame  building,  defined  271 

frame  buildings,  bay  windows   402 

bridging   in    400 

foundation    walls    396 

furring  in  401 

partitions    398 

studding     397 

walK   of    396 

frame  factories  not  over  two  stories  high   403 

over   two   stories   high    404 

frame  or  wooden  buildings,  provisions   relating  to 394-404 

framing   in   frame   or  wooden   buildings    399 

inside  for  null  construction  buildings    399 

frontage  of  theatre  408 

furnace   room    in    building    480 

furnace-,    how    constructed    480 

furring  in  frame  it  wooden  buildings  4(11 

gallery   fronts   in   theatres   415 

garage,    private,   defined    271 

public,   defined    271 

IS  logs  and  other  appliances    476 

>s  at  sidewalks 

general  height  limitations 278 

limitation-   of   area    27'' 

building   ordinance 448-518 

provisions   relating  to  certain   buildings   determined   by 

their  use    405-447 

restrictions  as  to  use  of  buildings 280 

girders,  defined    27 1 

and  beams  in  Class  "A"  buildings       338 

grade,   defined    271 

•  I,  definition  and  composition 283 


1072  INDEX   TO    REVISED    ORDINANCES 

Building  Ordinance — Continued  Sec. 

gutters,  general  provision    501 

halls,  defined  27] 

and  stairways  in  tenement  Louses 526 

of  public  assemblage 44n 

heating    appliances    in    theatres 429 

furnaces,  construction    480 

height  of  building,  defined -71 

and  size  ol   roi  ims  in  tenement  house 528 

of  chimneys   and    flues _ 475 

hose  for  fire  protection  in  theatres 424 

hospital  or   sanitarium,  defined 27] 

hot  air  boxes    482 

hotel,    defined    271 

construction    442 

increased  thickness  of  walls  for  buildings  of  great  depth....  295 

inside  framing,  class  "C"  buildings 369-388 

framing  of   mill   construction   buildings 388 

stairways  in   theatres    416 

inspector   of   buildings,  defined 2/1 

of   buildings,   appointment,    etc 247 

of    buildings,    duties 252  255 

of  buildings  l<  i  sti  >p  certain  construction 520 

inspectors'   right   to  enter   buildings 521 

interior  courts  in  class  "C"  buildings 384 

walls    of   theatres 417 

ladders  to  roof,  how  constructed 465 

lights  at  exits  in  theatres 427 

in    theatres    426 

lime  mortar,  kind,  and  how  made 284 

limiting  distances   for   metal   in   ('lass  "A"  buildings 339 

lintels,    defined     271 

live     loads,    defined     271 

load,  defined   2/1 

loads 317 

lobbies  in   theatres    413 

location  of  pumps  and  boilers  493 

lodging  houses,  defined    271 

houses,   construction    442 

lot,   defined    271 

line,    defined    271 

mansard   roof,  defined    -71 

roofs,  shape  ami  construction   179 

masonry,    defined    271 

materials  in   class   "B"  buildings 553 


INDEX    rO    REVISED    ORDINANCES  1073 

Building  Ordinance — Continued  Sec. 

measurements,  defined  271 

metal   frame  in  class  "C"  buildings    370 

fronts  on  class  "A"  building- >4 1 

•  rooms,  construction  509 

miscellaneous   provisions    519-533 

mill  construction  buildings,  provisions  relating  t" 387  393 

wood  working   445 

moving  picture  exhibition  places,  special  provisions  relal 

to 439 

non-liability  of  city  for  damages 2i>_> 

notice  as  to  heating  apparatus I 

office,  creation  of 24o 

building,    defined    271 

openings  in   sidewalks,  location  and  construction 5ns 

ordinary  exit-  in  theatres  412 

parapet    walls,    defined     271 

or    t'irc    walls     101 

partition-    397-398 

in   class   "A"   buildings 353 

in  cbss  "B"  buildings  565 

>'"   buildings 591 

in  cl  I  lildings '73 

in  mill  construction  buildings 191 

in    theatres    415 

ays,    defined    271 

patent  chimneys,  general  provisions   I 

chimneys,    inside    dimensions    169 

fireplaces 470 

penalty  for  violation  of  provisions  of  building  law- 534  535 

pent    houses,    defined    271 

permit  for  temporary  occupancy  of  a  public  street 2io  2<i<> 

permits 25S  262 

....       263 

for  use  of  sub-sidewalk  -pace   264 

-.    defined     271 

timber  ami  reinforced  concrete 

•   public  assembl  ige  440 

plain  concrete  walls  502 

■n- .... 
ble    -team     or     hot     water    radiator-     thai 

electricity  477 

Portland  cement,  definition  and  requirements 285 

271 


1074  INDEX  TO    REVISED    ORDINANCES 

Building  Ordinance — Continued  Sec. 

power   woodworking   mills,   etc 445 

property    rooms,    theatre 430 

proscenium  wall  of  theatre    41S 

pumps   and    boilers,    where    located 497 

ranges  and  stoves,   construction 481 

rear  yard 524 

recesses  in   walls,  provisions  governing 304 

registers  for  furnaces,  construction 483 

reinforced  brick  walls  in  Class  "A"  buildings 346 

concrete 289 

construction,    defined     271 

walls   in   class   "A"   buildings ■  345 

walls   in    class   "B"   buildings 364 

walls   and  piers    303 

reinforcment  in   clas-   "B"   building- 359 

repairs,   defined    271 

restrictions  as  to  use  of  theatre   building 431 

retaining  wall,  defined    271 

walls  332 

roof  construction   in   class   "A"  buildings 347 

covering,   general    provisions 464 

-labs  in  class  "B"  buildings 360 

roofs   in   class   "C"  buildings 378-390 

in  mill  construction  buildings 390 

mansard 379 

-and.  standard  for  282 

sanitarium  or  hospital,  defined   271 

scaffolds,  permits   for    513 

safety  and  construction    514 

scuttle-  and  ladder-,  general  provision,  construction 465 

seats  in  theatres 414 

service  pipes,  how  laid  in  concrete  construction 367 

shaft,   defined    271 

sheds,    defined    271 

sidewalk   construction    334 

signs    517 

skeleton    building,   defined    271 

skylights    in    frame    buildings 463 

general    provisions    462 

smoke  flues  in  partitions 472 

smokehouses,   construction    444 

smokepipes.   where  prohibited    471 

smokestacks,  construction    473 


INDEX   TO    REVISED    ORDINANCES  1075 

Building    Ordinance — Continued  Sir. 

~t a tiU~.  construction  447 

stables        280  1 16 

stage  i"  1  < < . > r ^  in  theatres   421 

ventilation  in  theatres   42S 

-taj^iiiv:  "ii  roofs,  temporary   518 

stairs,  general  provisions  for  in  all  buildings Z'1-  460 

obstructions  on   461 

stairways  and  halls  in  tenement  houses 526 

standard  fire  door,  ci  mstructii  >n   of 45(1 

fire  shutters,  construction  of 452 

shutters,  when  required   45 1 

standpipes    in    theatres    423 

inside  or  wet  for  hose  reels I'M 

location,   inspection   of    492  493 

steam  1"  lilers    47') 

boilers   in   theatres    429 

heating   pipes    4X4 

steel,  cast,  standard  for 510 

mns,  dimensions  and  dead  and  live  loads 312 

frame,  material  to  be  used  in  Class  "A"  buildings   ....  336 

Meet 109 

girders     313 

-tore    building,    defined    271 

story,  defined   271 

-t ml  partitions  in  Class  "(  "  buildings 372 

tank-  fur  water  supply  t.>  wet  standpipes 496 

floors 512 

tenement  house,  defined 27] 

522 

house,    courts    525 

terra  ci  itta,  defined    271 

theatre,  authorities  rij*ht  to  enter 436 

defined    271 

definition   ami   construction    4iM> 

frontage  and  courts 408409 

er  uses  of  building 411 

permit   to   use    for 407 

building,  restrictions  as  to  us>  431 

thickness  of  foundation  wall-  of  fram                iden  buildings  396 

of  wall,  defined   27! 

tie  rod-  in  class  "A"  buildings  340 



timbi  371 


1076  [NDEX  TO    REVISED    ORDINANCES 

Building   Ordinance — Continued  Sec. 

timber   details   in   class   "C"   buildings 375 

standard    for    307 

ton,  defined -/ 1 

trusses  in  class  "( '"  buildings        374 

unit  loads  on  masonry 320 

stresses  311 

veneer,  defined   271 

walls,    defined     2/1 

and  purs 291 

iii   class   "A"   buildings    343 

in   class   "B"   buildings 363 

in  class  "C"  buildings   382 

increasing  height  of  298 

■  if  buildings   ii"t   in   course   of  construction 299 

mi"  frame  or  wooden  buildings 395-397 

upon  steel  supports   297-417-418 

reduced  thickness  for  interior   296 

warehouse  defined    271 

waterclosets   hi   tenements,  construction  and  provisions....  531 

water  service  to  have  access  to  sidewalks 505 

weight    nf    materials,    table 318 

wind  bracing  in  class  "A"  buildings 342 

bracing,    class    "B"    buildings 362 

u  indows  in  tenements   529 

windows  in  halls  of  tenement  houses 527 

windows  in  tin  .it  res    420 

v, len  building,  defined 271 

porches 502 

woodworking   mills,   etc 445 

workshop    in    tin  aire 430 

wrought  iron,  standard  for 308 

yard,   defined    271 

Bunch  Goods 

tn  be  s,,l,i  by  count 178 

Burial    Permits    23S 

Butter 

-ale    nf.    rlc       90 

Calf 

sale   of.   under   age 106 


INDEX  TO    REVISED    ORDINANCES  1077 

Cattle 

sale   of   diseased 

sanitary    keeping    of '       147 

Cesspools 

discontinuance    of    230 

Cemetery 

-       :  ■  •  1 1     547 

salary 5-4S 

^<-\t"n.  oath,  bond 54<» 

burial    permits     550 

sexton,    duties    551 

sale  of  l"t~.  certificate,  price .->5_' 

headboards,   etc.,   fences,   etc ' 553 

title,  permit,  contagious  disease,  disinterment 554 

555 

injury    to    property 556 

burials  must  be  in,  i  xception 557 

dri\  ing  in 558 

plats  to  be   recorded 559 

certificates  of  burial  rivjlu^.  etc   560 

transcripts  of  burial  rights  to  be   filed       561 

Chief  Clerk 

rtmenl  streets  and  public  improvements. 1_'J7 

Children 

bom  23'' 

City  Auditor 

55', 

City  Cemetery 

cmetery    547 

City  Creek 



unlawful  t.i  fish  in.  t"  shoot  in 563 

destruction   t"   t r.  5>>4 

camping,    befouling    water 

•■  ■"  56t 

City  Electrician 



City  Engineer 


1078  INDEX   TO    REVISED    ORDINANCES 

City  Pound  Sec. 

estray  s 61 7-650 

poundkeeper,  appi  lintment    617 

salary   618 

oath,    bond    619 

impounding,  disposal,  duty,  etc 620 

notice  of  sale,  etc.,  form  of 621 

claimants,   bill    of  sale,   etc 622 

estrays,   record   of,   etc 623 

trespassing,  damages,  etc 624 

id,  appraisement  of  damages 625 

id,  owner  to  be  notified 626 

damages  not  to  be  recovered  when 62/ 

where   owner   unknown    628 

notice  of  sale  to   trespassing  animals 629 

owner   may    pay,    etc.,   disputed   appraisal 630 

sale,  bill   of   sale 631 

redemption   when    632 

owner   entitled   to   residue 633 

trespassing    animals,    record    of 634 

estray    brand    635 

unlawful    sales    636 

retaking  animals  unlawful    637 

suitable  premises  to  be   furnished 638 

1 ks   to  be   kept    639 

bills  of  damage 640 

proceeds    of    sale    '■ 641 

advertising  bills 642 

forage    643 

animals   at    large    '"44 

detention    of    animals     645 

malicii  'us  impounding   646 

fees  647 

monthly   statements   648 

keeper   to   pay   over   money 649 

penalty I  i50 

City  Purchasing 

agent 651  -656 

creation   of  office 651 

appointments 652 

oath,  bond    653 

salary   654 

duties  655 


IXDKX  TO    REVISED    ORDINANCES  1079 

City  Recorder  Sec. 

see   recorder    657  667 

City  Treasurer 

see  treasurer   668  685 

City   Prison 

i-  i  t  >   prisoners   979  983 

Clothes  Cleaning 

establishments <>SN  <.1>S 

definitions   688 

permits    689 

application  for   690 

dry  cleaning  r n 691 

storage  of  gasoline,  benzine,  etc 692 

t:mk<,  installation  of 693 

pumps 694 

pipes 695 

handling    ol    gasoline,    benzine 696 

regulations    697 

duty  of  chief  fire  department 698 

penalty 699 

Claims 

686 

barred  if  not  presented 687 

Coke 

vendor  iiiu^t  give  ticket  of  weight 175 

Coal 

vendor  must   give  ticket  of  weight 175 

Commissioners 

894  910 



p.  iwers    

Combustibles 

explosives       737-766 

Commodities 

For  s;ilc.  to  be  we  itched,  standard \7X 

Condemnation 

of  milk  •  ■  ■  •        88 


1(18(1  INDEX  TO    REVISED    ORDINANCES 

Containers  Sec. 

unlawful  to  use.  etc 226 

Contagion 

animal-  carrying    235 

Contagious  Diseases 

quarantine  48-57 

diseases  50 

rules  concerning    51 

Cows 

keeping  87 

Construction  of  Ordinances 

rules  3 

Crates 

not   to  be  used  twice 179 

Crime 

essentials  of   6 

Dairy   and   Milk   Inspection    84-100 

-coring    91 

inspection    of    91 

Damages 

claims    for    686-687 

Dancing 

academy,    defined    987 

see    Public   Dance   Hall 

Deaths 

registrati<  in    of     237 

Definitions     3 

Defraud 

intent    to    4 

Departmental 

segregation    700.   706 

effective    until    706 

Department 

public    affairs,     finance     702-894 

public    safety    701,  894 

streets  and  public  improvement   703-894 

water   supply,   waterworks 704-894 

parks    and    public    property    705-894 

street-   and    public   improvements,   chief   clerk    1227 


INDEX  TO    REVISED    ORDINANCES  1081 

Sec. 
1  Msinfection,  etc 57 

Division 

of  dairy  and  milk  iii~iHTtii.ii   38,  39,  84,  100 

of  weights  and  measures       38,  39,  172.  185 

of  oil  inspection  58,  39,  186,  192 

of  health    38 

of   bacteriology    38-39 

sanitarj     inspection     38  39 

meat  and  food  inspection     38-39 

chemistry    58  39 

Dirt 

waste,  rags,  etc    201 

Ditches 

befouling   prohibited    73 

Division 

of    -;i  unary    inspection    71-83 

Dogs 

rrui~tr.iti.in.    annual    tax    

owners   t"   provide  collars    708 

impounding,  redemption  709 

cruelty  to,  etc 710 

female  in  heat 711 

prohibited   in   places   <'t'   worship    712 

unlawful    t.'   Ic<  713 

killing,  registered,  etc 714 

barking  dogs,  etc 715 

penalty    : "In 

Drain 

unclean,  to  keep,  unlaw  fill  197 

Drinking  Cups  218 

Dust 

prevention  of,  swe<  . .       228 

Effect 

■  >f  ii"    '  2 

when  ordinances   take  8 


1082  INDEX   TO    REVISED    ORDINANCES 

Electrician  Sec. 

city,    creation    of    office     568-587 

appointment,    salary    569 

oath,  bond  570 

assistants   571 

duties    572 

inspection     573 

certificate    of    574 

temporary    575 

unlawful   installation    576 

use    of   disconnected    wiring   prohibited    577 

permits   578 

in-tailing  without   579 

application   for    580 

fees    581 

installation,  rules  governing  582 

notice,  inspection    583 

rights,  etc 584 

no    liability    of    city    585 

penalty    586 

continued    offenses     587 

Employment  Agency 

employers    register     727 

applicants    register     728 

written    copy   furnished    729 

dividing    fees,    penalty    730 

not  to  be  kept  where  liquor  sold 731 

giving   false   information    732 

-nits  against,  how  brought    733 

does  not  apply  to  religii  >us  agencies  734 

ordinance  to  be  conspicuously  posted    735 

penalty    : 736 

Employers 

liability    of    5 

Employment 

offices    717-729 

agent  defined,  license    717 

license,    amount     718 

application     719 

annual  license  bond   720 

license  to  be  exposed  721 

penalty  sending  female-,  etc 722 


INDEX    rO    REVISED    ORDINANCES 

Employment — Continued  Sec. 

order  for  help  bona  fide,  etc 723 

unlawful  to  receive  money,  when     "-'4 

»  hen  applicant  fails,  etc 725 

commissions   limited    "-'> 

Engineer     588 

creation  of  offices,  appointments   588 

salaries      589 

oath,  bonds  590 

duties    591 

field  notes,  maps,  profiles  592 

street   lint-     593 

street   grades,  establishing    594 

595-596 

test    of   additions    597 

filing  of  plats    598-599 

street  names  600 

additions,    resurvey    of 601 

■  hi   l>y   section,  corner,  when    602 

standard  of  measure   603 

instrument,  how  adjusted    604 

to  be  adjusted   605 

custodian    of   monuments    606 

monuments,  protection  of  607 

interfering    with    608 

employes,  compensation  609 

nee  or  disability  of  610 

■  record     611 

supplies,  records,  files,  etc 612 

must   not   record   until,  etc 613 

seal    -.14 

rds   not   \"  conflict    615 

Estrays 

pound         61".  1 1?! 

Explosives.  Combustibles   737.  766 

magazines,  erection  of   737 

permit  t"  sell,  record  of  738 

gunpowder  in   stores    739 

kept  in  stores,  cars   el  740 

giant  "T  hercules  powder  caps  741 

loline,    definition-    74.' 

permit-  74.! 


1084  INDEX   TO    REVISED    ORDINAXCES 

Explosives,  Combustibles — Continued  Sec. 

gasoline,   flash    test,   quantity    744-750 

gasoline    flash    lest     745 

storage  tanks,  location  of   746 

oils   in    transit    747 

oil   wagons,   keeping    748 

fuel   petroleum,   etc..   tanks    749 

flash  test  for  oil 750 

oil-,   liquids,   containers    751 

duties  chief  fire  department   752 

adulterating    Mil-,     753 

manufacture   of   explosive    chemicals    754 

storage  of  755.  802 

place  of  storage   of    756 

kindling  fires  with    757 

carrying  fire   to  lie   covered    758 

chimneys  to  be  cleaned   759 

unlawful    to    store,    etc 760 

haystacks  t.i  he  protected  from  fire   761 

movable  light  near,  etc 762 

pitch,  tar.  resin,  boiling   763 

burning    in    open    air.   hay,   etc 764 

applications    for    permits,    etc 765 

Fees  of 

sealer  of  weights  ami  measures   181 

unlawful    to    refuse    to    pay    184 

accounting   officers    767,  770 

to    be    paid    into    treasury     768 

sworn     statement,    penalty     7d8 

failure   to   comply,   penalty    768 

Fire  Arms 

sale  to  minors    773 

Fire 

department,    organization     776 

chief,   oath,   bond    777 

men  must  be  able  bodied   778 

chief,  duties 698,  7S2.  779 

may   demolish    building,    when 780 

blockade  streets,  when 781 

io  have  right  of  way   782 

unlawful    to   interfere    with    7X3.  786 

mi  men   at    theatres 784 


INDEX  TO    REVISED    ORDINANCES  1085 

Fire   Department — Continued  Sec. 

i  ules,  chief  to  presci  ibe     785 

rds   i"   be   kept    787 

appointment  of  subordinates  788 

..il    of    chief    789 

suspi                   subordinates  790 

compensation,  etc 792 

limits   districts    Nos.    1    and   2    791 

department,    penalty     793 

lial.  office  created    ; 794 

deputies    795 

duties     796 

rij^lit    l"    enter    premises    797 

deposit  of  ashes   798 

deposit  or  removal  of  waste  799 

receptacle    for    waste,    etc 800 

combustibles  on   roofs,  yards    801 

:    explosives    80-',   755 

dangerous  structures,  duty  as  to  803 

unoccupied  buildings  804 

to  burn   refuse    762,  805 

penalty    for    violation    806 

kindling  with  ci  imbustibles  757 

carrying    of,   etc "58 

within    fire   districts    805 

Fish 

tmw                                       109 

Flies 

214 


Food 


1 1  >4 

84.  17i> 

unwholesome  sale  of  prohibited  104.  134.  135,  136 

f  unwholi  105 

nimal    under   age    106 

132 

putrid  meat,  fish,  etc 133 

207 

:n-   227 

1 i  '7 


63 


1086  [NDEX   TO     REVISED    ORDIXAXCES 

Forfeiture  Sec. 

of   franchise    • 810 

Franchises 

special   privileges    807.  810 

application    for   copies,   fees    807 

non-assignable 808 

manner  of  assignment   809 

forfeiture   of    810 

Fruit 

to  be  sold  by  count,  exception-- 178 

Gambling 

gaming   prohibited    81 1-820 

unlawful  to  keep,  play  at,  i  iperate,  etc 812 

unlawful  to  wager,  etc 813 

to  keep  or  maintain  house  814 

pool   rooms,   etc..   to   keep,   etc 815 

slot  machines,  to  keep,  etc 816 

slot   machines,   clock,   tape,   etc 817 

mechanical  i  >r  other  contrivance,  etc 818 

incriminating   testimony,   no   excuse    819 

penalty  for  violation    820 

Gasoline 

storage  of  26.  742-760 

handling    of 27 

tanks,  construction   of    28 

installation    of    29 

pumps    30 

duties  of  chief  <  >f  fire  department   31 

penalty    32 

Garbage  Sec. 

districts     72 

refuse,   care    and    collection    73 

mixture  prohibited   74 

ti  i   be    removed    78 

permits  for  hauling   80 

spilling  prohibited    52 

hours  of  collection,  hauling   82 

penalty    83 

receptacle,   to   keep   unclean,   unlawful    197 


INDEX  TO    REVISED    ORDINANCES  1087 

Glue  Sec. 

making,  offensive,  a  nuisance  202 

Government 

894,  oio 

Gunpowder 

740.    74 1 

Gutters 

luling  prohibited    75 

Health 

commissioner,  powers  and   duties    33-241 

commissioner,  powers  and  duties    85-213 

bate   nuisances    210 

laws,   miscellaneous    218-240 

board  of  53  24 1 

established    33 

appointment-,  officers,  members    34 

salaries    35 

meetings    36 

duties    37 

departments    38 

heads  of  39 

lintments    40 

inspectors    41 

employes         42 

oaths,  bonds   43.  44.  45 

e    powers     46 

duties,    powers    47 

quarantine,  et<  4S 

ri«ht    to   enter   premises    4*> 

50 

physicians  to  report   52 

rules  concerning  51.  53,  67,  68 

quarantine  regulations  53.  56.  67,  68 

disinfection    typhoid    t<  57 

58 

tithe-  •  led    5') 

60 

61 

occupancy  of  prohibited  62 


1088  INDEX  TO    REVISED    ORDINANCES 

Health — Continued  Sec. 

carelessness  prohibited   63 

reporting  recovery   64 

statement  of  physicians   65 

infantile  paralysis   66 

typhoid   fever,   quarantine   of    67 

contagious  diseases,  quarantine  of  68 

duty  of  undertakers    69 

Hotels 

must   keep    register    1054 

rules    concerning     93 

Hotel 

runner.-.'  license   862 

Humane  Officer 

office  created   821 

appointment,  salary   822 

oath,    bond    823 

powers,   duties    824 

Hydrophobia 

animals,  etc 234 

Ice  Cream 

standard  of    92 

Ice 

application   to  sell    112 

-tandard  for  domestic  u-e   113 

sale  of.  permit   114 

inspection   of    115 

impure   for  cooling  116 

to  be  weighed    174 

wagons  ti  i  ha\  e  scales  174 

Intoxicating   Liquor 

business   district    825" 

license,  amounts   826 

Intent 

to    defraud     4 


INDEX  TO    REVISED    ORI  '  ES  1089 

Inspector  Sec. 

dairy  and  milk  39.  84.  100 

Inspectors 

powers,    duties    85 

Inspection 

of  dairies,   milk    84-100 

of  meat  and  food  products  84-170 

samples  to  be  marked  and  sealed   86 

of  meat,  rules,  etc 117-170 

Inspector 

of  weights  and  measures,  duties    171 

Irrigation 

water   1230-1238 

see  streets  and  irrigation   1225-1239 

Junk 

dealer,    defined    1093 

dealing   with   minors    1094 

record,  what  to  contain,  etc 1095 

license     887 

Lamb 

uidcr  age   106 

Language 

abusive    996 

Law 

department,  officers    830 

duties    831 

city  attorney,  duties    832 

■tuts,    duties    833 

records,  dockets    834 

reports,    settlements    835 

salaries    836 

•ids   837 

838 

Liability 

of  employers,  etc 5 


1090  INDEX  TO    REVISED    ORDINANCES 

Licenses  Sec. 

transacting    business    without    839 

city  auditor  cx-officio  assessor   840 

department   appointment,   duties    840 

applications,   bill,   payment    841-848 

who  authorized  to  receive   collection    841 

certificate,   contents,   posting    842 

to  be  exhibited  to  officers    842 

assignment   of    842 

half   yearly    843 

auctioneers     15,  844 

banker,  broker,  see  merchant    845.  866 

assayer   887 

automobile   garage    846 

bill  poster    887 

billiard,  pool,  bowling  alleys  847 

id.   application,   amount 848 

boarding   house    keeper    849 

circus,  menagerie,  etc 850 

civil  actions  to  collect    851 

collection  agencies   852 

contracting    electrician     853 

dance  halls,  dancing  academies 984 

distributor  of  advertising  matter  887 

dog  and  pony   shows    854 

drain    layers    855 

electric    clocks,    tickers,    etc 856 

electric    meters    857 

employment     offices     720 

equalization   board    889 

exhibiting   apparatus    887 

freaks  of  nature    887 

machines     887 

natural  curiosities   887 

exhibitions,  test  of  skill,  etc 887 

feed  and  boarding  stables   887 

fortune    telling    859 

fresh  meat  dealers,  slaughterers   860 

hotels  849,'  861.  874 

hotel  runner,  solicitor   862 

junk  dealers    887 

laundry   886 

liquors,     intoxicating     825 

ellan  eous    887 


INDEX  TO    Kl  \  [SI  D    I  >RDIN  \\i  I  1091 

Licenses — Continued  Sic. 

liver}    stables   865 

merchandise  brokers   887 

merchants,   bankers,   etc 866 

messenger   service    870 

milk  dealers    867 

rcycles   868,  1279 

pawnbrokers   869.  931 

package  delivery   870 

peddlers,  hawkers  871 

photographers    

plumbers    872 

plumbers'    bonds,    amount    873 

public  dance  halls  984 

ents  887 

turants     874 

ling  houses,  hotels,  <-tc 861 

salary  loan  agencies  87S 

876 

md  hand  dealers  887 

lleries 887 

^katinvr    rink    887 

slack  rope  performers,  sleight  of  hand,  etc 887 

slot    vending   machines    •v~~ 

■  t. >r~  wr  art    887 

878 

street   oar  advertising   883 

rts   879 

telepl                         880 

amount,  etc 881 

882 

ert  halls,  etc 884 

tra<l-                                        885 

villi.  '                                                                      886 

Liquid 

standard                                           183 

Lying 

in   I                                                    232 

Manure 


1092  [NDEX  TO    REVISED    ORDINANCES 

Mayor  Sec. 

ry    890 

Math,    bond    891 

powers,    duties    892 

statutory  law    185 

Meat 

unwholesome,   etc 103-109 

adulterate!     103 

to    he    destroyed     110 

market  refrigerator,  etc 138 

to  be   sanitary   139 

to  be  kept  sanitary   140-141-142 

condemned   142 

market  employes  to  be  clean    143 

sale  of  without  inspection   144-145 

transportation   of  to  be   sanitary    146 

inspection   of,   rules    150.   169 

shop  yard  to  be  clean   196 

Medicine 

distributi f    229 

Merchants 

license     866 

Meter    Service    1376-1378 

Milk 

inspection  of  84.  100 

sale  of,   etc 87,  90-91 

care   of    87 

distribution   of   87 

products  generally    '. 87 

di  ni  nation    of   ". 88 

standard  of  quality  89 

ons,   marking    94 

ding   95-98 

pasteurization   99 

class  "C"   96 

class    "B" 97 

class  "A"   98 

i  ules  concerning   93 

Midwifery    232 


INDEX  TO    REVISED    ORDINANCES  1093 

Minors  Sec. 

of  firearms  to  773 

unlawful  to  have  guns 771 

id.  unlawful  for  parents  to  permit  772 

liability  for  injury  to  774 

penalty 775 

Municipal 

rnuuiit     894-910 

elective   officers,   terms    895 

896 

rules,  regulations    897 

commissioner  of  public  at*f;iirs,  etc     898 

safety    900 

-trccts.  etc W)l 

water  supply,   etc 899 

parks,    public    property    902 

powers   of   903 

reports    of    904 

appointments,   expenditures,   etc 905 

duties     906 

intive  officers   907 

terms    908 

electh  e  officers'  salaries  909 

appointive  officers                        910 

wards   911-916 

911 

First     912 

Second    913 

Third                 914 

Fourth    915 

Fifth    916 

Natatoriums,  Etc.                                              233 

Night  Soil 

77 

Notice 

nuisance                                                                                 ....  212 

Nuisance 



dirt 

authi               I  fined    .  .  211 

defined 


1094  INDEX  TO    REVISED    ORDINANCES 

Nuisance — Continued  Sec. 

complaints    of    194 

privies,   cess] Is,   etc 195 

unclean  drain,  etc 197 

accumulation  of  refuse   19S 

manure    199 

unpaved  private  alley    200 

bone   crushing,   glue,   soap.-.,   candle,   etc 202-203 

offensive   liquid    refuse,   etc 204-205 

offensive   matter,   etc 207-20S 

abatement    of,    etc 210 

notice    to    abate     212 

smoke    215 

who    guilty    216 

flies,   etc _ 214 

Obstetrics,    Etc 232 

Officers 

accounting   767-770 

cash   books,   receipts,   etc 767 

Fee  -  to  be  paid  into  treasury 768 

3^  i  >ni    statement,   penalty    768 

failure  to  comply,  penalty  769 

elective    895.   909 

appointive   907,  910 

<  lath,    bonds    917 

additional   bonds    918 


Office 
Oil 


vacancies   in    1302-1303 


inspection  of  186 

test  of   186.  753 

standard   of   illuminating    186 

measures   186 

adulteration  unlawful 186,  753 

unlawful   to  sell,  exceptions    186 

inspector,    duties,    tests    187 

fees     188 

nol    to   trade   in    oils    189 

below    standard    unlawful    to    sell    190 

and   liquids  in   transit    747 

wagons,   keeping   748 

fuel 74" 

containers 751 


IN'DI  \    rO    REVISED    ORDIN  \M  "l-.S  109S 

Ordinances 

repeal  of  .. ..  1 

take  effect  when  8 

rule   for  construction   of    3 

penalty  for  violation   7 

Parks 

and  public  grounds                                       919 

Pawnbrokers  

defined    ''-'1 

ordinance  to  be  posted  ''-'-' 

right  to  redeem  forfeited  articles  923 

shall  keep  descriptive  book    924 

report   to  chief  "i"  police    92S 

dealing  with  drunkards  and  thieves 926 

employes    .            927 

928 

liability  of  principal    929 

license,  bond   869,  931 

Peddlers 

mu~t  ha'.                                              ted. 177 

Penalty 

tion    of   ordinance^    ....  7 

employers  and  agents    ..                                                     ...  5 

Permits 

burial     238 

emptying  vaults,  etc.                                    79 

hauling   garbage    80 

Pig 

li  id 

Plumbing 

irtment  officers                                 933 

lintment,                                            934 

oath,    bond                                        935 

dull. 

■  r  water  937 

■ 

940,  1344.  1358 


1096  INDEX  TO    REVISED    ORDINANCES 

Plumbing — Continued  Sec. 

settling   boxes    943 

exhaust    steam    engines    944 

drain    layers    945 

plumbers,   license,   bond    946 

.  1 1 1 1  •  iunt,  bond   947 

permit    for    excavation    948 

Police 

department   950,  971 

organization    950 

chief,    removal    951 

subordinates,  appointment,   removal    952 

officers,    appointment,    special    duties 953 

transfers    954 

control    955 

rules,   regulations    956 

special  appointment   957 

ranking  officers   958 

iih  united    959 

salaries     960 

gifts,  acceptance,  penalty  961 

chief,   duties    962 

search  and  seizure   963 

additional  duties,  city  prison   979,  982 

powers,  duties    964 

arrests     965 

chief,    oath,    bonds    966 

ranking  officers,  oaths,  bonds  967 

bail    commissioners,    appointment    969 

id.  receipt  for  money  970 

id.   oath,   bond    971 

Poll  Tax 

who  liable  to  pay  amount    972 

list     of     taxpayer-     973 

notice    to    pay    974 

delinquent  collection    975 

money   to   be   paid   treasurer    976 

how  expended    977 

annual  report  to  board 978 

Pools 

swimming,   etc 233 


INDEX  TO    KKYISED    ORDINANi  I 

Pool 

table  license  

Poundkeeper 

617,  6S0 

Powder 

t,    gun,   rt<  ,74 

Privies 

and  --iiik>.  ■>«  ner  I  225 

discontinuance     il  J.'i> 

Pren 

231 

Proprietary 

distributioi 229 

Prisoners 

and  city  prison  ..  <0 

dntj  of  chief  of  police  979-982 

discipline,  rules  

maintenam  i  981 

nee,  etc.  982 

983 

Parks 

public  pr  

Publication 

8 

Public 

■ 

984 

n,   hearing  "WJ6 

hour-  of  dancii  -■  988 

mini  ption 

990 
991 

■ 


1098  IXDEX  TO    REVISED    ORDIXAXCES 

Sec. 

Public    works    1064,  591 

racts,  what  to  contain    1056 

■  fications,   advertisements    1067 

citizens,   preference    1065 


PUBLIC  OFFENCES 

Abusive   Language 996 

Account 

officers   to    767-771 1 

Actions 

in   corporate   name 20S 

Agency 

empli  lyment   7 1  ~-73f  > 

Agents 

liability  of  5 

Alleys 

vling    1006 

to  be  kept  clean 224 

Animals 

abandoning 9 

docking  tails  of 9 

leaving  on  street 9 

accidental  killing  of 10 

renin  al  of 10-11 

selling  diseased    12 

cruelty  to    9-13-997 

malicious  impounding   646 

retaking  unlawfully    637 

killing,  poisoning   998 

sheep,  driving  through  streets 999 

keeping  certain,  within  city 1000 

rabies,  etc 234 

domestic,  contagion  by 235 

Assault 

led  1001 


INDEX  TO    REVISED    ORDINANCES  1099 

PUBLII  I  ontinued 

Auditor 

i"  transfer  books  542 

Auctioneers 

tructing  street,  etc  17 

....         15 

....  Hi 

Automobile  Garage 

21-32 

Barbed   Wire    Fence 

1002 

Bathing 

1 003 

Battery 

1004 

Bawdy    House  1005 

Befouling 



Bills 

1049 

Billiard.  Pool  Tables 



Iihi; 

1008 

Births 



Bonfires 

1009 

Bucket  Shops 

■    I 

Burial  Permits 

Carrying   Concealed   Weapons  1013 

Chimneys 

Cheats.  Swindlers  Inj] 


1100  INDEX  TO    REVISED    ORDINANCES 

PUBLIC  OFFENSES— Continued 

City  Creek  Canyon  Sec. 

unlawful  to  t" i  — ■  1 1  in 563 

to  shoot   birds,  etc 563 

destruction    of    trees 564 

camping  in,  etc 565 

automobiles  in    566 

City  Electrician 

permits,  etc 578-579-580 

use   of   wiring,   etc 577 

continuous  offenses    587 

City  Cemetery 

permits,  etc 550  554 

burying,  etc 554 

injury   to    556 

fast   riding,   etc 55S 

City  Engineer 

protection   of   monuments 607 

interfering  with   608 

must  not  record,  etc 613 

City  Pound 

unlawful   sale,   etc 636 

retaking  animals    637 

detention  of  animals o45 

malicious  impounding   646 

City  Prisoners 

furnishing  articles,  etc 1050 

Clothes    Cleaning   Establishments 

permit,    etc 689 

application  for   690 

storage  <  f  gasoline   692 

Coasting 

on    streets,   etc 1012 

Combustibles 

kindling  fires,  etc 757 

unlawful   to   store 760 

Concealed  Weapons  " 1013 

Containers 

use  of,  etc 226 


INDEX  TO    REVISED    ORDINANCES  1101 

PUBLIC  OFEENSES— Continued 
Contagious  Diseases  Sec. 

rt  of  50-51-52 

Crossings 

I"?1' 

Cruelty 

to  animals   9 

Deaths 

registration  "i   237 

Destroying    Property 1015 

Discharge 

of  firearms  758.  771.  1016  1022 

of  air-guns    lOli 

Disorderly  Houses 

defined  1005-1018  1043 

1005  1018 

persi  iii  defined   

Discontinuance 

irivy  vaults,  etc 230 

Distribution 

of  medicines   229 

Disturbance 

1022 

at  public  places 1020 

at    n  meetings 1021 

Dogs 



collar 708 

impounding 709 

bited   710 

female  in  heat    711 

1  in  places,  etc 71J 

7 1 .1 

killr  red  714 

bar!  715 

Drinking  Cups 



Driving 
reckli  -■ 

70 


1102 

_ 

228 

- 

1026 

•  72 

'  - 
5 

: 

a 

- 


INDEX  TO    REVISED    ORDINANCES  1103 

PUBLIC  OFFENSES— Continued 

Fire   Department  Sec. 

interference  with  7N.? 

interference  with  apparatus 7K(> 

Firearms 

mini                     771 

772 

min                               77.' 

Fires 

kimlliiiK  with  combustibles 757 

carrj                  xception 758 

limit*,  smoking  meat,  etc 763 

burning  li                   .  prohibited  -  .  .  ■ 764 

deposit  of  ashes  798 

if  combustibles 799 

802 

805 

Fcod    Products 

rn                      227 

Fowls 

1 030 

Fruit  Containers 

226 

Gambling 

SI  1 

S 1 2 

unlaw  inl   to  wage i                                     ...  813 

to  maintain  housi                          SU 

t"  k-                                               815 

816 

s  I  7 

818 

Games 

1 142 

Garbage 

73-74-78-7 

Goods 

Gutters 

75 


1104  IXDEX  TO    REVISED    ORDINANCES 

PUBLIC  OFFENSES— Continued 

Haystack  Sec. 

within   fifty   feet 761 

movable   light   near 762 

Horses 

docking  tails  of   9 

Hotel 

registers  to  be  kept 1054 

runners 1032 

Ice 

rules   concerning    112-116 

111  Fame 

house  of   1005-1018 

nuisance 1041-1042 

Intent 

to  defraud    4 

Interfering 

with  officer   1033 

Labor 

hours 1034 

citizens  preference    1034 

Liability 

of  agents,  etc 5 

for  injury  to  minors 774 

Library 

public,  destroying  property  of  1052 

License 

unlawful  to  transact  business  without 839 

Literature 

obscene 1044 

Loafing 

on  sidewalks    1145 

Lodging  House 

registers,  etc 1054 

Manure 

accumulate  m   of,   etc 76 


INDEX  TO    REVISED    ORDINANCES  1105 

PUBLIC  OFFENSES— Continued 

Meat  Inspection  Sec. 

rules  concerning   101-170 

Milk 

rules  concerning  84-99 

adulteration  of  91 

Minors 

unlawful  to  sell  firearms  to 773 

to  have  firearms 771 

liability   for  injury   t.. 774 

enticing   from   parents 1035 

sale  of  tobacco  to 1036 

purchasing,  etc.,  tobacco 1037 

treets,   hours 1038 

rderly  conduct    1039 

guns,  possession  of,  etc 771 

mischievous   conduct    1040 

Money 

■  obtaining,  false  pretenses 1045 

Natatorium 

rules  concerning   233 

Night  Soil 

burial  i  if,  etc 77 

Notice  to  Abate 

212 

Nuisance 

bone  crushing,  glue,  etc 202 

soap,  candle,  oil.  etc 203 

offensive   liquids    204 

brewery,  tannery,  etc 205 

dead   animals,   etc 206 

unsound  food,  etc 207 

putr                       208 

acts  and  omissions  deemed 209 

author  of,  defined    21 1 

notice  to  abate 21 J 

flies,  manure,  etc 214 

dirt,  waste,   rags,  etc 201 

defined,  enuirn  192-1041-3 

house  ill  fame  1041-1042 

disorderly  house   1043 


1106  INDEX  TO    REVISED    ORDINANCES 

PUBLIC  OFFENSES— Continued 

Nuisance — Continued  Sec. 

keeping   liquor,   etc 1042 

barbed  wire  fence 1002 

complaints  of   194 

privy  vault-,  cesspi  iols  195 

slaughter  houses,  etc 19<> 

unclean   drain-,   etc 197 

refuse,   accumulation    01 198 

manure,   etc 199 

unpaved  alle\'s.  etc 200 

smoke,   etc 215 

Obscene 

literature    1044 

Obstetrics 

midwifery,   etc 232 

Obtaining   Money 

false   pretenses    1045 

Officer 

to  account   767 

interfering  with    1033 

perse  mating,  etc 104! 

Oils 

in  transit 747 

wagon-,  keeping    748 

adulterating 753 

inspection    of    186-18/ 


Opium  Dens 


1046 


Parks 

public    grounds     919 

offenses    within    919 

Pawnbrokers 

license   931 

ordinance  posted   922 

right   to  redeem  article- 923 

descriptive  book    9_4 

re.pi  it  ti  i  chief 925 

drunkard-,   minors,    etc "-" 

employes  927 

In  iur  prescribed   9-8 


INDEX  T<  '    REVISED    i  >RDIN  \M  LiS  1107 

PUBLIC  OFFENSES— Continued 

Penalty 

for  \  ii  ilatii  m  t 

Personating 

officer  .  11 

Persons 

derlj  * 1019 

Petit   Larceny 

defined,  offense  1048 

Platforms 

fi  *r  food  pr.  iducts _'_'/ 

Plumbing 

rules,  regulations   940-1344  135S 

Police 

1047 

interfering  with,  etc 1033 

Pool 

s,  etc 1006 

s  unlawful,  etc -vl  5 

Posting  Bills 

withoul    permission    ln-49 

Premises 

i-;iri'      i  J.'\ 

Prisoners 

furni  to  

Privies 

furnished,  <tc 225 

Property 

desti  1015  1052 

Proprietary   Medicines,  etc  229 

Prostitutes  1051 

1051 

1005  1018-1043 


1108  IXDEX  TO    REVISED    ORDINANCES 

PUBLIC  OFFENSES— Continued 

Public  Sec. 

dance  halls  984-995 

dancing  academies   984-995 

library,   destroying  property   of 1052 

places,  spitting  in.  etc 102° 

Registers 

to  be  kept,  where 1054 

Riot,  etc 1055 

Rooming   Houses 

registers,  etc 1054 

license 861 

Samples 

furnishing    to    inspectors 85 

Sewer 

injury   to    1099 

Sidewalks 

to  be  swept 1148 

spitting  on,  etc 219-1029 

snow  to  be  removed 1 14d 

loafing  on    1145 

games  on   1142 

auctioneers  obstructing  17 

obstruction   of    1 139 

receiving  goods  on   1 140 

driving  or  riding  on 1141 

Signs 

over  street-   1056 

unlawful   to   maintain,   etc 1058 

Slot  Machines 

unlawful  to  kee]     816 

Smoke  Nuisance 

defined 215 

Snow 

to  be  removed  from  sidewalks 1 146 

Solicitors 

hotel 1032 


INDEX  TO    REVISED    ORDINANCES  1109 

PUBLIC  OFFENSES    Continued 

Street  Sec. 

■UK  animals   on    9 

treets   1059 

games  "ii  1142 

1012 

sale  of  drugs  on   1023 

minors  on    1038 

tractions 1 139 

auctioneers      • 17 

Streamers,  etc 1057 

Sunday 

unnecessary  labor,  business,  etc 1060 

Swimming  Pools 

ticerning   233 

Tobacco 

of  t"  minors 1036 

Trespass    106 1 

fowls   1030 

Vagrancy 

defined      

Wagers 

unlawful            813 

Washing 

in  fi tuntains  21° 

Water 

analysis  •  if  city  22.i 

Weeds,  etc 1 144 

Weights.   Measures  1 72-185 

185 

Wells 

•ruction    of    .                                                -'-'< ' 

analyses  of  water                                   221 

use  of  wal  

Public  Safety                                                        894 

affairs    and    finance    . .                                                       ....  894 

mials  of  ...                                                     ....  i. 

Purchasing  Agent  .651,  666 


H10  INDEX  TO    REVISED    ORDINANCES 

Quality  Sec. 

ol    butter    89 

of  milk    89 

of    skimmed    milk    S9 

of  cream,  etc 89 

Quarantine 

regulations     53-56 

Rabies 

notification   of    234 

Railroads 

-trcet  railroads   1068,  1088 

to  repair  sewer-,   street  crossings,  etc 1068 

to  build  viaducts,  bridges,  etc 1069 

tracks   ,ui    grade    1069 

obstruction  to  use  i  if  streets  1070.  1074 

crossing  other  tracks   1071-1074 

speed   within   certain   limits    1072 

bells  to  be  rung  in  city 1073 

rights    reserved    to   city    1075 

street   regulations,   operation,   etc 1076 

hauling  freight  prohibited    1077 

flagmen  at  crossings   1078 

street,  speed  of  cars  1080 

cars  to  be  provided  with  gongs   1081 

drivers   approaching,   care,   etc 1082 

not  to  block  streets,  traffic,  etc 1083 

to  be  kept  under  control   1084 

to    be    marked,    etc 1085 

gong  to  be  sounded,  when   1086 

fenders,   etc 1087 

Refuse 

care    and    collection     73 

Registration 

births     236 

deaths    237 

Recorder 

office  appointive   657 

".nil,  bond    658 

-alary     659 

ordinance-  ti  i  be  filed  when  effective   660 

duties,    fees,    searches,    etc 661 


INDEX    rO    REVISED    0RDINANC1  1111 

Recorder — Continued 

t"  account   662 

tuntersign  all  contracts  663 

additional     

sale  of  real  estate,  etc 664 

missioners  to  appoint  deputies,  etc 666 

penalty    

Repeal 

irdinances   1 

effect  of  2 

Restaurants 

ru!o    concerning    93 

license    874 

S74 

Revenue 

board  of  estimate,  etc 

anticipated,  etc 1090 

Rooming  Houses 

license  861 

861 

Rubbish 

mixture   w  ith  74 

Rules 

I   of   health    may   make    93 

for  meat  inspection    117  1  Tm 

truction    of   ordinances    3 

Salary 

ncy,   etc.,   defined  930 

licensi  

■  iration    .  

Salt  Lake  City 

1091 

.MJ 

Samples 

86- 102 

Sanitary   Inspection  

Scavenger  Work  71 


1112  INDEX  TO    REVISED    ORDINANCES 

Sec. 

Scales,    Ice    174 

School  Books 

disinfection   of   240 

Seal  of  Salt  Lake  City 1091 

Second  Hand  Dealers 

scales,    etc 182 

defined    1092 

dealing   with   minor?    1094 

record,  what  to  contain    1095 

license 887 

Sewers 

clotted  blood  from  slaughter  houses   119 

districts 1097 

superintendent,  control  of  1098 

injuring,  etc 1099 

obstruction   of,  etc 1100 

manhole    covers     1101 

discontinuation   of  privy  vaults,  etc 1102 

connections 1103 

permit     1 104 

application,  fees,  etc 1105 

revocation    of    permit     1106 

discharge   of   surface    water   into,   etc 1107 

laying  pipes  within  two  feet   of   1108 

connections,   pipe,   standard   of,   etc 1109 

pipes,  how   covered    1110 

assessments  to  be  paid  before  connecting    1112 

unlawful   without   permit,   etc 1114 

one   thousand-foot   drains,  rules,  etc 1113 

junction    pipes,   trenches,   etc 1115 

inside  of  drain  smooth,  etc 1116 

permits,  when  not  to  issue   258.  1117 

Sexton,  City   547 

Sheep 

driving   through   city    999 

keeping  within  city   1000 

Sidewalks 

sweeping  of    228 

districts     1119-1 121 


INDEX  TO    REVISED    ORDINANCES  1113 

Sidewalks— Continued  Sec. 

tructed  by  individuals    1 122 

id.  permit,  specifications,  etc 1123 

id,  supervision   1124 

id.  inspection,  cost   1125 

repairs,   unit    of   measurement    11-'' 

ordinary,   defined    1 127 

extraordinary,   defined    1128 

engineer's  report,  levy    1130 

new     work    defined    II-"1 

contracts   for.   bids,   duty   of   board,   etc 1131 

ordinary  repairs,  annual,  contractor  to  build 1132 

extraordinary   repairs,   notice   to   be   given    1133 

expense  how  paid   1134 

delinquent,  levy,   sale,   etc 1135 

now    work,    levy     1136 

coal  holes,  openings,  permits 1137 

cellar   doors,    protection   of   pedestrians    1138 

obstruction  of    1 139 

receiving  goods  on    1 140 

driving  or  riding  on    1141 

games   on    1 142 

weeds  on  sidewalks   1 144 

loafing  on    1145 

■  to  be  removed  1 140 

weeds   on   property    1 147 

■  -wept  before 1148 

carriage    steps,    etc 1 143 

Signs.   Etc 517 

unlawful  to  erect,  etc 1 150 

permit,    bond,    etc 1150 

Slaughtering 

rules  tor  inspection   11 

Slaughter  Houses  93,  117.  170 

permit    117-118 

nsive  odors    1-0 

employes  to  be  clean   121 

sed    prohibited    122 

butchers,   regulation   of      123 

sanitary    trucks    1-4 

ised  animals  124 

isses,    inflation    of     125 

water,  ice,  use  of 12'", 


1114  INDEX  TO    REVISED    ORDINANCES 

Slaughter  Houses — Continued  Sec 

if  impure,  notice   127 

feeding  < if  hogs   128 

urinals,   closets,   etc.   to  be   separate    129 

proper    toilet    facilities     130 

wagons,  cars,  etc.,  to  be  sanitary 131 

chickens,    ducks,    etc 137 

slaughtering,    when     148 

inspectors,  hour-  of   149 

premises   to   be   kept   clean    196 

Smoke 

nuisance    defined     215 

Soap  Making 

offensive,  nuisance   203 

Special  Taxes   1152.  1188 

notice  of  intention   1152 

protest   hearing    1153 

assessments,  how  made   1154 

warrants,    etc 1155 

in   lieu  of   scrip    1156 

ordinance  to  be  certified,  etc 1157 

board   of  equalization 1158 

assessment   list,    plat 1159 

return  to   recorder    1160 

notice    to   board,    etc 1161 

ordinance   confirming    1162 

certified,    etc 1163 

notice,   form   of    1164 

mailing    1165 

delinquent,  notice,  sale    1166 

costs   1 167 

expense  of  sale    1168 

minimum    sale  price    1169 

-.ile 1170 

sale  to  city   1171 

-ale   record    1172 

certificate    of    1173 

f.  e-    1174 

certificate   sale   to   city    1175 

delinquent   general  tax    1176 

redemption     1177 

certificate    1178 

notice  of  redemption   1179 


INDEX  TO    REVISED    ORDINANCES  1115 

Special  Taxes — Continued  Sec 

tax   deed    .• 

record   1181 

BS      1  1X2 

redemption  after  deed    1183 

refunding,  etc 1184-1185-1186-1187 

Spitting 

near  fountain    21° 

Standard   of 

milk,   etc 

ice    cream    92 

wholesome    food    104 

liquid  measurements   183 

Stillborn   Children    239 

Streets 

and   public  improvements    894 

chief  clerk  1227 

defei                reported  1189 

ration    119;) 

written    to    supervisor     11<>1 

ms    1192 

permit-,  etc.,  bonds,  etc 1193 

failure   to   replace    1194 

excavations  t.>  be  guarded    1195 

permit    t..   occupy,   bond,   etc 1196 

fence    and    walk,   etc 1197 

piling  or  mixing  mortar   : ll'i.x 

deposit  of  matter,  etc 

distribution  of  advertisements    1200 

burning  of  rubbish  on  1201 

may  burn,  etc  .  when    

1203 

lunch  cars,  etc.,  on  IJi*4 

1205 

ertising  by   float  on    





be  bitched  1209 

12lii 

1 21 1 

numb  1212 

1213  1214 

I   |215 


1116  INDEX  TO    REVISED    ORDINANCES 

Streets — Continued  Sec. 

paving  districts    1216-1219 

freight  wagons  prohibited  on  1220 

riding  bicycles  i  in,  etc 1221 

speed   on    1222 

bicycles,    lights,    gongs,    etc 1223 

certain    vehicle-    prohibited     1306 

•  Hid  irrigation,  supervisor  of  1225-1239 

creation  of  office    1225 

appointment,   salary,   oath,   bond    1226 

supervisor   of,   duties    1228-1229 

and  public  improvements,  chief  clerk,  salary,  bond,  etc 1227 

he.ulgates,   ditches    1230 

damage,  to  guard  against 1231 

rights   of   way  along  ditches    1232 

surplus  water   1233 

wrongful    diversion 1234 

apportionment,    appeal    from    1235 

public  water  ditches,  defined   1236 

ditches  may  be  crossed,  where    1237 

bridges   and    flumes,   etc 1238 

traffic  and   travel  on    1240-1287 

definition  of  word-.,  etc 1240 

keep    to    right    1241 

overtaking   vehicles    1242 

heavily  loaded  vehicle,  etc 1243 

parked,   viaduct    1244 

turning  into    1245 

intersection,   drive    where    1246 

not  to  be  crossed   : 1247 

not  stop  with  left  side,  etc 124S 

except   1249 

procession    on    1250 

signal    rear    vehicle    1251 

when   turning    1252 

backing   1253 

passing  vehicle    1254 

signal  nil  vehicle  1255 

brakes  on   vehicle   • 1256 

machinery  t"  In-  silent   1257 

unnecessary  smoke,  etc 1258 

noiseless    vehicles    1259 

danger    lights   on    1260 

right    of    way    on     1261 


INDEX   T<  >    Rl  VISED    I  IRDIN  \M  I  S  1117 

Streets — Continued  5< 

right    of    way,    when [262 

vehicles  side  bj   side   1263 

not  to  be  obstructed    12iv4 

\  elude-  taking  on,  etc.  126S 

pull  to  right  when   1266 

ten  feet  from   street   cars    1267 

speed  regulations   1268 

■i-il  vehicles   1269 

kades,    etc 127(1 

to  make  noise   1271 

who  may  drive  1272 

ruling   without   permit    1273 

i-tirb  position,  etc 127; 

obstruction  of,  etc 1275 

ers'  commands  l.'7'i 

placing  tacks,  etc.,  "ii    1277 

dents,   etc 1278 

license,    motorcycle       1279 

use  by  motorcycles  1280 

motorcycle,  mufflers  on   . , 1281 

numbers  on  vehicles   1282 

badges  of  chauffeurs   1283 

employers  t"  keep  record   1284 

intoxication  of  driver   12S5 

hydrant-  standing  near   .  1286 

permit  to  stand  on  1287 

unpaved,    poles   on    1290 

■  ii   1290 

permit-    for    erection    of    on     1290 

inter  lies  on   1294 

ter  of  ...  1 295 

fit   Of    «  ire-   .•!!  

number  1298 

Supervisor 

. .972,  978 

Swine 

".mvholesome    food  108 

Sweeping  Sidewalks  228 

Swimming   Pools  233 

71 


1118  INDEX  TO    REVISED    ORDINANCES 

Telegraph,   Telephone  Sec. 

wire*  and  pule-    1289-1301 

erecti f    1289 

poles  in  unpaved  streets  1290-1291 

applications    1292 

permits  not  granted,   when    1293 

at  intersections    1294 

center  of  streets   1295 

finish  of   1296 

height  of  wires    1297 

wire-  on   limited    1298 

fire   alarm,   police,   etc     1299 

not  t"  be  removed,  etc 1300 

Traffic 

and  travel  on   streets    1240-1287 

Treasurer 

office  appointive   668 

oath,    bond    669 

salary 670 

sinking  fund- 671 

dutie-    generallj     672 

warrants,  etc.,  payment-   673 

warrant-   paid    in   order    674 

receipts     675 

public  money  to  be  kept  separate   676 

repi  irts  registrj    <  if  warrants   677 

special    funds    678 

duties 679 

collect  >r  of  special  taxes   680 

all  money  to  be  paid  into  treasury  681 

appointment-  deputies,  clerk-,  etc 682 

deputy,  i  lath,  bond   683 

delivery  of  property  to  successor  684 

penalty    685 

Unpaved 

private  alley-  nuisance     .. 200 

Unwholesome  Food 

-ale    of,    etc ' 104-105 

animal  under  age    '06 

Vacancies 

in    office    1302-1303 


INDEX  TO    REVISED    I  IRDIN  \\(  1  -  1119 

Vaults 

mtinuance  of  230 

permits  for  emptying,  etc T'> 

Veterinary  Inspector 

chief   39,  101 

powers  and  duties    101-170 

Vehicles 

streets,  traffic  and  travel  on  1240-1287 

driving  public  without  license   1304 

to  stand  apart   1305 

certain  excluded   1306 

to   have    flat   tires    1307 

loading  of   1308 

weight  of  load    1309 

ier  tired    1310 

weight    to    be   marked    1311 

driver   t"   remain,   etc 1312 

fraud    prohibited    1313 

shall  not  enter  depots    1314 

collision,  etc 1315 

driver,  disorderly  conduct   1316 

lighted   lamps   at   night    1317 

of  fare   1318 

to  be  posted    1319 

harging    1320 

may    demand    fare,    etc 1321 

refusing  to  convey,  etc 1322 

shall   give   number  and   name 1323 

refusing  to  pay  fare   1 324 

1325 

Wagons 

mar-                 i  nger   81 

marking  milk    . 94 

174 

Wards 

municipal     .  .  .91 1-016 

Washing 

r  drinking  fountain  219 

Water 

anal-. 

ill.  193,  1384 


1120  INDEX   TO    REVISED    ORDINANCES 

Water— Continued  Sec. 

condemnation    of    221 

supply  and  waterworks   894,  1327,  1396 

offices   132/ 

appointments,    salaries    1328 

oath,   bond    1329 

employes,  appointment,  etc 1330 

<1  ut  i t- ~   superintendent    1331 

application  for  1332 

notice   of  discontinuance    1333 

service  pipe,  curb  box,  etc 1334 

sen  ice    pipes    1335 

quality   of   pipe,   permit    1336 

fire  hydrants,  etc 1337 

fire  hydrant  wrenches   1338 

rules    1339-1340 

city  may  shut  off,  etc 1341 

taker  only  to  use    1342 

pipes   in   good    repair    1343 

plumbing  permit,  report   1344 

rules  concerning    1344-1358 

fixtures  used    1359 

fire    pr.itectir.n     1360 

waste    prohibited     1361 

use   without    payment,  etc 1362 

turning  on,  etc 1363 

fountains    1364 

sprinklers    for    lawns 1365 

sprinkling  districts    1366 

metered   service    1367 

time  for  sprinkling  1368 

mayor's     proclamation     1369 

steam  boilers  tu  be  filled,  etc 1370 

superintendent,    free    access     1371 

taking  from  ditch,  etc 1372 

annual   assessments    1373 

assessment     rolls     1374 

notice  to  water  takers,  etc.   1375 

rates  payabl.    m   advance    1376 

enumerated     1376 

fixed  by   commissioner   1377 

meter    rates    1378 

meters    in    factories,    etc 1379 

not  supplied  to  motors   1380 


INDEX    n  '    REVISED    I  iRDIN  kNCES  1121 

Water — Continued 

sworn    statement,   etc 1381 

rate--,  ii"  alteration  in    1382 

analysis  of  city   1383 

mling   water    1384-1385  1386 

interference  with  officers  1387 

main  extensions,  etc 1388 

mams  extended,   how 1389  1390  1391-1392-1393 

plats  not  supplied  t.>  1394 

private  pipe   1395 

ims   of   city    223 

-  and  ditches    1230 

damage  to  guard  against    1231 

right    of    way    along   ditches    1232 

surplus 1233 

wrongful  diversion  1234 

irtionment,   appeal    from    1235 

public  ditches  defined  1236 

ditches  may  be  crossed  where   1237 

bridges,  flumes,  etc     1238 

Weights, 

measures,    sealing    172 

sealer,   duties    171 

lemning    173 

Weighers 

ive  ticket  of  weight    175 

Weighing 

instruments    to    he    reported    176 

Weights 

peddlers,   hawkers    177 

measures,    standard    of    178 

immodity   sold  must   be  marked  on  container 178 

to  be  marked      ...  180 

unlaw  fid  to  sell  short    ....  185 

...181-184 

Weighing 

■  uments  i  185 

Wells 

ana!;.                     Itei  22] 

n  222 


1122  INDEX  TO    REVISED    ORDINANCES 

Works  Sec. 

public,   how   constituted   1064 

citizens'   preference    1065 

contracts,  what  to  contain    1066 

specifications,  advertisements    1067 

Yards 

to  be  kept  clean   201 


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UNIVERSITY  OF  CALIFORNIA  LIBRARY 


